Opinion
304 Index No. 652390/20 Case No. 2022–03552
05-23-2023
Nina SODHI et al., Plaintiffs–Appellants, v. IAC/INTERACTIVE CORP., Defendant–Respondent.
The Law Office of William Waldner, New York (Edwin J. Kilpela of counsel), for appellants. Wachtell, Lipton, Rosen & Katz, New York (Stephen R. DiPrima of counsel), for respondent.
The Law Office of William Waldner, New York (Edwin J. Kilpela of counsel), for appellants.
Wachtell, Lipton, Rosen & Katz, New York (Stephen R. DiPrima of counsel), for respondent.
Webber, J.P., Kern, Oing, Rodriguez, JJ.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered July 18, 2022, which denied plaintiffs’ motion for leave to file an amended complaint pursuant to CPLR 3025(b), unanimously affirmed, without costs.
The motion was properly denied. At the time plaintiffs moved for leave to amend, the original complaint had already been dismissed. Accordingly, "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]; see Favourite Ltd. v. Cico, 208 A.D.3d 99, 108, 171 N.Y.S.3d 67 [1st Dept. 2022] ).
We have considered plaintiffs’ remaining arguments and find them unavailing.