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ROAM CAPITAL, INC. v. ASIA ALTERNATIVES MGT. LLC

Index No. 651728/19. Appeal No. 13869-13869A. Case No. 2020-03855.

194 A.D.3d 585 (2021)

144 N.Y.S.3d 339

2021 NY Slip Op 03269

Roam Capital, Inc., Appellant, v. Asia Alternatives Management LLC, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 20, 2021.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, New York ( Anne Champion of counsel), for appellant.

Pillsbury Winthrop Shaw Pittman LLP, New York ( Anne C. Lefever of counsel) and Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA ( Blaine I. Green of the bar of the State of California, admitted pro hac vice, of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Kennedy, Shulman, JJ.

We find that the motion court improvidently exercised its discretion by denying leave to amend. "A party may amend his pleading once without leave of court ... at any time before the period for responding to it expires" (CPLR 3025[a]). Since a motion to dismiss extends the defendant's time to answer the complaint "until ten days after service of notice of entry of the order" deciding the motion (CPLR 3211[f]), and since the court...

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