Legal Opinion
State of N.Y. ex rel. Willcox v. Credit Suisse Sec. (USA) LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 2016No. 1584 100185/13PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Kelly O’Neill Levy, J.), entered July 22, 2015, which, insofar appealed from as limited by the briefs, granted defendants’ motion to dismiss the amended complaint and denied relator Thomas C. Willcox’s motion for leave to file a third amended complaint, unanimously affirmed, without costs.
As relator basically concedes on appeal, the claims pled in his amended complaint were time-barred. Hence, the real issue is whether the court properly denied his motion for leave to file a third amended complaint.
While leave to amend should be freely given (see e.g.…
2Cases cited5 opinions
- Ebeid Ex Rel. United States v. LungwitzCourt of Appeals for the Ninth Circuit · 2010
- United States Ex Rel. Wilkins v. United Health Group, Inc.Court of Appeals for the Third Circuit · 2011
- Mikes v. StrausCourt of Appeals for the Second Circuit · 2001
- 360 West 11th LLC v. ACG Credit Company II, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- HT Capital Advisors, L. L. C. v. Optical Resources Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by4 opinions
- United States v. Mount Sinai HospitalDistrict Court, S.D. New York · 2017
- Rasvinder Dhaliwal v. Salix Pharmaceuticals, Ltd.District Court, S.D. New York · 2019
- State of N.Y. ex rel. Perkins v. Cooke Ctr. for Learning & Dev., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- State of New York v. Credit Suisse Sec. (USA) LLCAppellate Division of the Supreme Court of the State of New York · 2022