The Appellate Division determined that the motion court providently denied plaintiff's motion under CPLR 3025(b) and 5015(a)(3) to amend the third amended complaint to revive previously dismissed parties and claims and to assert new claims against new parties based on newly discovered evidence. The Appellate Division has previously affirmed the dismissal of the claims which plaintiff seeks to reassert.
Plaintiff failed to establish that the new evidence was not merely cumulative and that it would have changed the result of the motion court or the Appellate Division's previous orders. On appeal, plaintiff does not address how the new evidence fulfills the elements of any particular cause of action, nor does he provide a basis for reviving the previously dismissed claims or adding new parties and claims to this 2014 action. In addition, given the late stage in the litigation of this matter, the amendments would have necessitated no small measure of additional discovery.
Simon v. FrancInvest, S.A., NY Slip Op 02157 (1st Dep't April 23, 2024)
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