CONDOR CAPITAL CORP. v. CALS INVESTORS, LLC

Index No. 650034/19. Appeal No. 15393-15393A. Case No. 2021-03231. 2021-03437.

202 A.D.3d 618 (2022)

159 N.Y.S.3d 842

2022 NY Slip Op 01237

Condor Capital Corp., Appellant, v. Cals Investors, LLC, et al., Respondents, et al., Defendant.

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

Kirsch & Niehaus PLLC, New York ( Paul R. Niehaus of counsel), for appellant.

Kane Kessler, P.C., New York ( Daniel Gimmel of counsel), for respondents.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.


Plaintiff appeals from the motion court's refusal to consider new causes of action that it asserted solely and for the first time in its brief in opposition to defendants' motion to dismiss and that it sought to assert by way of amendment to the complaint after defendants' motion had been granted.

After the orders were issued, plaintiff filed a new action in which it asserts the very claims it now seeks to reinstate. Thus, the appeal from both orders is moot (see...

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