Todisco v. Econopouly

I concur in the result, but I reach it by a different reasoning process, and would stress certain considerations that relate to CPLR 3015 (e). The statute, in clear terms, speaks of causes of action based on after-acquired licenses. By denying the motion for leave to amend the complaint, the Supreme Court concluded that the failure to have the license at the time of performance is an unconditional, legal bar to recovery, and that it is incurable, no matter what.

The court did not exercise its discretion in denying the motion, but premised its denial on its belief that the statute does not…