SIMON v. FrancINVEST, S.A.

Index No. 162867/14, Appeal No. 2108, Case No. 2023-03943.

2024 NY Slip Op 02157

JEAN-PASCAL SIMON, Plaintiff-Appellant, v. FrancINVEST, S.A., ETC., ET AL., Defendants. FRENCH-AMERICAN SURGERY CENTER, INC., ET AL., Defendants-Respondents.

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

Decided April 23, 2024.


Attorney(s) appearing for the Case

Law Office of Nancy J. Volin, New York ( Nancy J. Volin of counsel), for appellant.

Before: Oing, J.P., Moulton, Mendez, Shulman, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Andrew S. Borrok, J.) entered April 8, 2022, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion under CPLR 3025(b) and 5015(a)(3) to amend the third amended complaint to reinstate claims (except as to Jean-Francois Simon and Charles Raab, individually) and parties previously dismissed from the action and to add new claims against new parties based on new evidence, unanimously affirmed, with costs.

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