Cushman & Wakefield, Inc. v. John David, Inc.

This is an appeal from an order denying plaintiff’s motion for leave to serve an amended complaint. This, court in Cushman & Wakefield v. John David, Inc. (23 A D 2d 827) granted a motion to dismiss the second and third causes of action of the original complaint because of insufficiency; but with the leave to plaintiff to apply at Special Term, pursuant to CPLE 3211 (subd. [e]), to serve an amended complaint. The question before us is whether the plaintiff, upon its application for leave to serve an amended complaint, has complied with CPLB 3211 (subd. [e].) by submitting not only a proposed…