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DIRECTV, LLC v. NEXSTAR BROADCASTING, INC.

653733/19. Appeal No. 14683. Case No. 2021-01218.

199 A.D.3d 561 (2021)

159 N.Y.S.3d 18

2021 NY Slip Op 06539

DIRECTV, LLC, Respondent, v. Nexstar Broadcasting, Inc., Appellant.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Lynn Pinker Hurst & Schwegmann, LLP, Dallas, TX ( David Coale of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellant.

Haynes & Boone LLP, New York ( Jonathan D. Pressment of counsel), for respondent.

Concur—Acosta, P.J., Gische, Singh, Scarpulla, Mendez, JJ.

It was not an improvident exercise of the court's discretion to grant the motion (see e.g. Loewentheil v White Knight, Ltd., 71 A.D.3d 581 [1st Dept 2010]), as the proposed new claim was neither "palpably improper [n]or insufficient as a matter of law" (McGhee v Odell, 96 A.D.3d 449, 450 [1st Dept 2012] [internal quotation marks omitted]).

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