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DRAGONS 516 LTD. v. GDC 138 E 50 LLC

651690/19. Appeal No. 15043. Case No. 2020-04604.

201 A.D.3d 463 (2022)

162 N.Y.S.3d 6

2022 NY Slip Op 00121

Dragons 516 Limited, Appellant, v. GDC 138 E 50 LLC, Defendant, and Shanghai Municipal Investment (Group) USA LLC, Respondent.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, New York ( Daniel S. Shamah of counsel) and Debevoise & Plimpton LLP, New York ( William H. Taft of counsel), for appellant.

Lonuzzi & Woodland, LLP, Brooklyn ( John Lonuzzi of counsel), for respondent.

Concur—Gische, J.P., Kern, Friedman, Oing, Singh, JJ.

Supreme Court providently exercised its discretion in denying the motion to amend, as the claims and allegations as set forth in the proposed second amended complaint (PSAC) either fail to state a cause of action or are palpably insufficient as a matter of law (see Murray v City of New York, 43 N.Y.2d 400, 404 [1977]; Aerolineas Galapagos, S.A. v Sundowner Alexandria, LLC, 74 A.D.3d 652...

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