IDX Capital, LLC v. Phoenix Partners Group LLC

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered December 2, 2008, which, to the extent appeal-able, granted plaintiffs’ motion to further amend their pleadings and serve a second amended complaint, unanimously affirmed, with costs. Appeal from so much of that order as denied defendant Phoenix Partners Group LLC’s cross motion to strike scandalous and prejudicial pleadings, unanimously dismissed, without costs.

The court’s acceptance of a motion made 10 days after the deadline it had set for submission was not an abuse of discretion, and was well within its continuing…