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ALP, INC. v. MOSKOWITZ

Index No. 652326/19, Appeal No. 16144, Case No. 2021-02727.

206 A.D.3d 488 (2022)

168 N.Y.S.3d 313

2022 NY Slip Op 03962

ALP, Inc., et al., Respondents, v. Lawrence Moskowitz et al., Defendants, and Adam Max, Appellant.

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

Decided June 16, 2022.

Attorney(s) appearing for the Case

Olshan Frome Wolosky LLP, New York ( Kerrin T. Klein , of counsel) for appellant.

Schlam Stone & Dolan LLP, New York ( Jeffrey M. Eilender , of counsel) for respondents.

Concur—Acosta, P.J., Kapnick, Friedman, Mendez, Higgitt, JJ.

This action must be dismissed as against Adam Max (Adam) because the complaint was never properly amended to add him as a defendant. CPLR 1003 requires leave of court or a stipulation by all parties to add parties, at least where, as here, parties have previously been added. CPLR 3025(a)-(b) similarly requires leave of court or a stipulation by all parties to amend a complaint, at least when done so late in the case. Because this procedure was not followed, the amended complaint...

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