Koch v. Acker, Merrall & Condit Co.

Order, Supreme Court, New York County (Martin Shulman, J.), entered July 9, 2013, which, insofar as appealed from as limited by the briefs, denied plaintiff’s motion for leave to amend the complaint to assert new claims relating to an additional 211 bottles of allegedly counterfeit wine, unanimously reversed, on the law and the facts, without costs, and the motion granted.

The original complaint alleged that, in four separate transactions in April, May and July 2005 and January 2006, defendant sold plaintiff “numerous bottles” of wine, of which “at least” five were counterfeit, and that…