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SMITH v. FOUNDERS ENTERTAINMENT LLC

Index Nos. 153677/19, 595021/22. Appeal No. 157. Case No. 2022-02219.

216 A.D.3d 417 (2023)

189 N.Y.S.3d 91

2023 NY Slip Op 02291

Timothy Smith, Appellant, v. Founders Entertainment LLC, Respondent/Third-Party Plaintiff-Respondent. Theatrical Resources, LLC, et al., Third-Party Defendants-Respondents.

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

Decided May 2, 2023.

Attorney(s) appearing for the Case

Eleftherakis, Eleftherakis & Panek, New York ( Oliver R. Tobias of counsel), for appellant.

Smith Mazure, P.C., New York ( Joel M. Simon of counsel), for Mountain Productions, Inc., respondent.

Concur—Kern, J.P., Oing, Kennedy, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered on or about April 15, 2022, which denied plaintiff's motion for leave to amend the complaint to assert direct claims against third-party defendants Theatrical Resources, LLC and Mountain Productions, Inc., unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff was entitled to amend his complaint to assert direct claims against...

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