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FAVOURITE LTD. v. CICO

No. 17.

2024 NY Slip Op 01496

FAVOURITE LIMITED, ET AL., Appellants, v. BENEDETTO CICO, ET AL., Respondents, ET AL., Defendant.

Court of Appeals of New York.

Decided March 19, 2024.

Attorney(s) appearing for the Case

Peter Jakab , for appellants.

Sean M. Kemp , for respondents.

Opinion by Chief Judge Wilson. Judges Singas, Cannataro and Halligan concur. Judge Rivera dissents and votes to affirm in an opinion, in which Judges Garcia and Troutman concur.

This case concerns the proper scope of the trial court's discretion to grant leave to amend a complaint under CPLR 3025(b). The Appellate Division dismissed plaintiffs' second amended complaint in its entirety for lack of standing, leaving only the defendants' counterclaims pending in Supreme Court. Supreme Court then granted...

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