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Daily Archives: Tuesday, February 23, 2021

Posted: February 23, 2021

Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss

On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Olam Corp. v. Thayer, 2021 NY Slip Op 30345(U), holding that leave to amend a complaint should be denied if the proposed complaint could not survive a motion to dismiss, explaining: The Court supplements its oral decision to... Read more »