Favourite Limited v. Benedetto Cico

Summary

The Court of Appeals held that a trial court retained discretion under CPLR 3025 (b) to permit a further amended complaint after an appellate court dismissed the prior complaint without prejudice, where related counterclaims remained pending and the amendment sought to cure the defect. The Court also held that the amendment was timely because the claims related back to the original pleading and, in any event, the motion was made within the applicable six-month period. The Appellate Division's order was reversed and the case remitted for further proceedings.