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JONKE v. FOOT LOCKER, INC.

Index No. 111794/99. Appeal No. 17329. Case No. 2022-00567.

213 A.D.3d 490 (2023)

184 N.Y.S.3d 730

2023 NY Slip Op 00813

James Jonke, Appellant, v. Foot Locker, Inc., Respondent.

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

Decided February 14, 2023.

Attorney(s) appearing for the Case

Bernadette Panzella, P.C., New York ( Bernadette Panzella of counsel), for appellant.

Kelley Drye & Warren LLP, New York ( David I. Zalman of counsel), for respondent.

Concur— Acosta, P.J., Webber, Friedman, Kennedy, Higgitt, JJ.

Order, Supreme Court, New York County (Arthur F. Engoran, J.), entered on or about January 20, 2022, which granted defendant Foot Locker, Inc.'s motion to reargue, and upon reargument, denied plaintiff's motion to amend the pleadings, unanimously affirmed, without costs.

Plaintiff relies on informal judicial admissions to bind Foot Locker, Inc. (Foot Locker) as the successor in interest to the default judgment obtained against "The Foot Locker Inc.," which later changed...

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