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Icon III, LLC v. Joonbug Prods. Inc.

Plaintiff Allowed to Amend Complaint, Motion to Dismiss Denied

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 were read on this motion to/for      DISMISS. DECISION ORDER ON MOTION Plaintiff, Icon III, LLC, entered into a contract with defendant Joonbug Productions, LLC, to rent an event space for $217,750.00. Co-defendant Jon Gabel signed the contract on Joonbug’s behalf. (NYSCEF No. 6 at 1 [contract].) Joonbug further agreed to pay for table-service liquor at cost. (Id. at 4.) Plaintiff claims that Joonbug owes $67,750.00 of the rental fee and the cost of 33 bottles of Grey Goose Vodka and 67 bottles Moet Champagne. (NYSCEF No. 5 at

9-10.) Plaintiff also raises a fraud claim against Gabel and seeks to hold him personally liable. Gabel moves to dismiss the first amended complaint against him.1 Plaintiff cross-moves for leave to amend its first amended complaint. Gabel’s motion to dismiss is denied. Plaintiff’s cross-motion is granted. DISCUSSION I. CPLR 3025 (b) Plaintiff argues that its CPLR 3025 cross motion for leave to amend its complaint should be granted, because the proposed second amended complaint includes sufficient allegations of fraud and clarifies the basis for including Gabel as defendant in this case. (See NYSCEF No. 21 at 29.) Gabel argues that the proposed amendments do not cure the defects. (See NYSCEF No. 28 at

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