Rae v. Stanton Chase of NY

Appellate Division of the Supreme Court of New York

Rae v. Stanton Chase of NY

140 A.D.3d 539, 32 N.Y.S.3d 496

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 2016·No. 1502N 101491/12·Published

Opinion

Appeal from order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 29, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for leave to amend the complaint to add causes of action for constructive fraud, aiding and abetting fraud, fraud, and negligent misrepresentation, unanimously dismissed as moot, without costs.

Given The dismissal of the action, by order of the motion court entered on April 26, 2016, for failure to prosecute, this appeal is moot.

Concur — Acosta, J.P., Renwick, Saxe, Richter and Gische, JJ.

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Appeal from order, Supreme Court, New York County (Joan M. Kenney, J.), entered July 29, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for leave to amend the complaint to add causes of action for constructive fraud, aiding and abetting fraud, fraud, and negligent misrepresentation, unanimously dismissed as moot, without costs.

Given The dismissal of the action, by order of the motion court entered on April 26, 2016, for failure to prosecute, this appeal is moot.

Concur — Acosta, J.P., Renwick, Saxe, Richter and Gische, JJ.

Rae v. Stanton Chase of NY, 140 A.D.3d 539, 32 N.Y.S.3d 496 (N.Y. Ct. App. 2016).

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