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SKY COVERAGE INC. v. AL-WEX INC.

Index No. 652604/18, Appeal No. 16218, Case No. 2021-02342.

206 A.D.3d 583 (2022)

168 N.Y.S.3d 831

2022 NY Slip Op 04141

Sky Coverage Inc. et al., Appellants, v. Al-Wex Inc. et al., Respondents.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Goldsmith & Fass, New York ( Robert Fass of counsel), for appellants.

Goldberg Segalla LLP, New York ( Matthew S. Trokenheim of counsel), or respondents.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, JJ.

Supreme Court properly denied the cross motion for leave to amend. Plaintiff's proposed amended complaint, which sought to add a cause of action for rescission of the parties' settlement agreement, is devoid of merit given this Court's dismissal of that claim in a prior appeal (Sky Coverage Inc. v Alwex Inc., 194 A.D.3d 587, 587 [1st Dept 2021]; see also Sahmanovic v Kingsbridge...

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