ADDITIONAL CASES Mark Perez, Third-Party Plaintiff v. Benedict Morelli, Third-Party Defendant; Third-Party 595063/2022 The following e-filed documents, listed by NYSCEF document numbers (Motion 003) 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, and 84 were read on this motion to STRIKE PLEADINGS. DECISION + ORDER ON MOTION Upon the foregoing documents, it is ORDERED that the motion by plaintiff Morelli Law Firm, PLLC (the “Firm”), and third-party defendant Benedict Morelli (“Morelli”) to strike the amended answer and for sanctions is granted in part, and the cross-motion by defendant/third-party plaintiff Mark Perez (“Perez”) for leave to file a second amended answer is denied, for the reasons set forth in the moving and reply papers (NYSCEF Doc. Nos. 55-56, 84), and the exhibits attached thereto, in which the court concurs, as summarized herein. The court assumes familiarity with the facts and prior history of this matter as set forth in its prior decisions (NYSCEF Doc Nos. 26, 49). By decision and order dated February 8, 2024, the Appellate Division, First Department, modified this court’s decision on the motion by the Firm and Morelli to dismiss Perez’ counterclaims to the extent of dismissing the counterclaim for breach of fiduciary duty (Morelli Law Firm, PLLC v. Perez, 224 AD3d 457, 458 [1st Dept 2024]). The Appellate Division also held as follows with regard to Perez’s allegations: “Defendant does allege that his attorney failed ‘to communicate multiple settlement offers’ to him. Defendant contends that this allegation includes prior offers that may ultimately have netted him more. In light of this allegation, and defendant’s representation, the claim is dismissed with leave to replead such additional concealed offers” (id.). Perez filed an amended answer and counterclaims on March 1, 2024 (NYSCEF Doc. No. 53). Notably, the amended answer does not include additional allegations of “prior offers that may ultimately have netted [Perez] more,” except to state that Morelli had informed him of offers for $47.5 million and $51 million that he rejected without discussion, both of which were less than the final settlement amount of $55 million (id.,
