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HIBBARD v. AMERICAN FIN. TRUST, INC.

Index No. 655339/18. Appeal No. 17491. Case No. 2022-02912.

214 A.D.3d 452 (2023)

186 N.Y.S.3d 129

2023 NY Slip Op 01235

Terry Hibbard, Individually and on Behalf of All Others Similarly Situated, et al., Appellants, v. American Finance Trust, Inc., et al., Respondents.

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

Decided March 9, 2023.

Attorney(s) appearing for the Case

Squitieri & Fearon, LLP, New York ( Olimpio Lee Squitieri , of counsel) for appellants.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York ( Audra J. Soloway , of counsel) for respondents.

Concur—Acosta, P.J., Manzanet-Daniels, Kapnick, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered December 20, 2021, which denied plaintiffs' motion for leave to amend the complaint and dismissed the action, unanimously affirmed, with costs.

Supreme Court providently exercised its discretion in denying plaintiffs' motion for leave to amend the complaint under CPLR 3025 (see 34-06 73, LLC v Seneca Ins. Co., 39 N.Y.3d 44, 50 [2022]), as it properly examined the underlying merits of the proposed...

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