BGC Partners, Inc. v. Avison Young (Canada), Inc.

2 Citing cases

  1. BGC Partners, Inc. v. Avison Young (Canada), Inc.

    205 A.D.3d 603 (N.Y. App. Div. 2022)   Cited 1 times

    The court properly denied plaintiffs’ motion to renew their motion for leave to file a second amended complaint based on evidence discovered after the denial of the motion for leave to amend (see CPLR 2221[e] ). In a prior appeal from the order that decided plaintiffs’ original motion for leave to amend, we directed the court to enter judgment dismissing this action with prejudice on the ground that, by the time plaintiffs made that motion, we had already dismissed the claims remaining in the amended complaint, i.e., theft of trade secrets and aiding and abetting breach of the duty of fidelity, leaving no complaint to amend ( BGC Partners, Inc. v. Avison Young [Can.] Inc., 192 A.D.3d 498, 140 N.Y.S.3d 404 [1st Dept. 2021], lv dismissed 37 N.Y.3d 1226, 164 N.Y.S.3d 68, 184 N.E.3d 889 [2022] ). Further, during the pendency of the motion to renew and the appeal from the denial of the motion to amend, we issued the above-cited order directing the court to enter judgment dismissing the action with prejudice and denied a motion for reargument or leave to appeal to the Court of Appeals, despite the fact that we had been presented with the newly discovered evidence that was the basis for the motion to renew.

  2. BGC Partners v. Avison Young (Can.). Inc.

    2023 N.Y. Slip Op. 30987 (N.Y. Sup. Ct. 2023)

    Plaintiffs appealed this court's January 2020 decision and order. The First Department, in its March 2021 order, affirmed this court's denial of the motion for leave to amend but modified, on the law, to clarify that the Appellate Division's April 2018 decision and order dismissed the claims with prejudice, not without (BGC Partners, Inc. v Avison Young (Can.),Inc., 192 A.D.3d 498 [1st Dept 2021 ], Iv to appeal dismissed 37 N.Y.3d 1226 [2022], and h toappeal dismissed 39 N.Y.3d 933 [2022], rearg denied 39 N.Y.3d 1063 [2023]). The First Department explained: