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FAVOURITE LTD. v. CICO

Index No. 652857/16. Appeal No. 15157. Case No. 2021-02511.

208 A.D.3d 99 (2022)

171 N.Y.S.3d 67

2022 NY Slip Op 03987

FAVOURITE LIMITED et al., Respondents, v. BENEDETTO CICO et al., Appellants, et al., Defendant.

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

Decided June 21, 2022.

Attorney(s) appearing for the Case

Marvin Kemp, PLLC, Rhinebeck (Sean M. Kemp of counsel), for Carla Cico, appellant.

Toptani Law Offices, New York City (Edward Toptani of counsel), for Benedetto Cico, appellant.

Fein & Jakab, New York City (Peter Jakab of counsel), and Valla Associates, Inc., PC., New York City (Antonio Valla of counsel), for respondents.

SCARPULLA and HIGGITT, JJ., concur with RENWICK, J.; ACOSTA, P.J., and MOULTON, J., dissent in an opinion by MOULTON, J.

OPINION OF THE COURT

This appeal raises the interesting question of whether a trial court has the discretion to grant a plaintiff leave to amend a complaint, pursuant to CPLR 3025(b),1 after the Appellate Division has already ordered the complaint dismissed, with direction to enter judgment. We...

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