Opinion
13349 Index No. 652669/12 Case No. 2020-01698
03-16-2021
BGC PARTNERS, INC., et al., Plaintiffs–Appellants–Respondents, v. AVISON YOUNG (CANADA), INC., et al., Defendants–Respondents–Appellants.
BCG Partners, Inc., New York ( Emily L. Milligan of counsel), for appellants-respondents. Steptoe & Johnson LLP, New York ( Nathaniel Kritzer of counsel), for respondents-appellants.
BCG Partners, Inc., New York ( Emily L. Milligan of counsel), for appellants-respondents.
Steptoe & Johnson LLP, New York ( Nathaniel Kritzer of counsel), for respondents-appellants.
Renwick, J.P., Kapnick, Oing, Moulton, JJ.
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered on or about January 3, 2020, which denied plaintiffs’ motion for leave to file a second amended complaint but found that our prior dismissal of the claims for theft of trade secrets and aiding and abetting breach of the duty of fidelity in the amended complaint ( 160 A.D.3d 407, 75 N.Y.S.3d 1 [2018] ) was without prejudice, unanimously modified, on the law, to direct the court to enter judgment dismissing this action with prejudice, and otherwise affirmed, without costs.
We affirm the denial of plaintiffs’ motion for leave to file a second amended complaint. By the time plaintiffs moved for leave to amend, we had already dismissed all the remaining claims in the amended complaint, and directed the court to enter judgment accordingly; "hence, there was no complaint left before the court to amend" ( Tanner v. Stack, 176 A.D.3d 429, 107 N.Y.S.3d 660 [1st Dept. 2019] [internal quotation marks omitted]).
In light of the above disposition, the parties’ remaining arguments are academic.