DKS Associates v. Tampa Pipeline Corp.

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for fur*929ther proceedings in accordance with the following Memorandum: Supreme Court properly granted plaintiffs permission to serve an amended complaint. Contrary to the argument of defendant, Tampa Pipeline Corporation (TPC), the amendments do not raise issues that were previously determined by Supreme Court on TPC’s motion for summary judgment or by this Court’s prior determination of plaintiffs’ appeal from Supreme Court’s order granting TPC partial summary judgment dismissing…