Warner Licensing Co. v. Kitty Fan Koo & Fashion Franchises, Ltd.

— Order, Supreme Court, New York County (Barbara Kapnick, J.), entered October 28, 1999, which granted defendant’s cross motion for summary judgment dismissing the complaint only to the extent of granting plaintiff leave to file an amended complaint, unanimously affirmed, without costs.

In light of all proceedings in this matter, we find that the court properly exercised its discretion in permitting amendment of the complaint (see, Consolidated Edison Co. v General Ace. Ins. Co., 204 AD2d 164). The proposed amended complaint sufficiently cured the alleged defects in the original pleading.…