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MUFG UNION BANK, N.A. v. AXOS BANK

Index No. 652474/19. Appeal No. 15235. Case No. 2021-01030.

202 A.D.3d 442 (2022)

158 N.Y.S.3d 584

2022 NY Slip Op 00730

MUFG Union Bank, N.A., Formerly Known as Union Bank, N.A., Respondent, v. Axos Bank, Formerly Known as Bank of Internet USA, et al., Appellants, et al., Defendant.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Jeremy E. Deutsch and Tamar S. Wise of counsel), for appellants.

Pillsbury Winthrop Shaw Pittman LLP, New York ( David G. Keyko of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

Supreme Court providently exercised its discretion in granting plaintiff leave to amend the second amended complaint and to submit a third amended complaint (see generally Consolidated Edison Co. of N.Y. v General Acc. Ins. Co., 204 A.D.2d 164, 165 [1st Dept 1994]). In Section 6.K. of the Joint Services Agreement (JSA), plaintiff and defendant Epiq (now purportedly the Axos defendants as a result of an assignment) agreed that "[n...

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