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GOTTWALD v. SEBERT

653118/14, 6709N, 6708.

161 A.D.3d 679 (2018)

2018 NY Slip Op 03819

Lukasz Gottwald et al., Respondents, v. Kesha Rose Sebert, Professionally Known as Kesha, Appellant, et al., Defendants. (And Another Action.).

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

Decided May 29, 2018.

Kesha's proposed amendments are palpably insufficient and devoid of merit (see MBIA Ins. Corp. v Greystone & Co., Inc., 74 A.D.3d 499 [1st Dept 2010]). Her counterclaim seeking declaratory relief terminating the agreements on the ground of impossibility and impracticability of performance was speculative, contradicted by her own allegations that she had continued performing under the agreements and, as to at least one of the...

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