2470 Cadillac Resources, Inc. v. DHL Express (USA), Inc.

129 A.D.3d 527, 10 N.Y.S.3d 430

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 16, 2015
• Docket: 15432N 603613/08
• Status: Published

Opinion

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about August 12, 2014, which denied plaintiffs-appellants’ motion for leave to file a third amended complaint, unanimously affirmed, with costs.

Supreme Court providently exercised its discretion in denying appellants’ motion for leave to amend, as the proposed amendment is “palpably insufficient [and] clearly devoid of merit” (Perrotti v Becker; Glynn, Melamed & Muffly LLP, 82 AD3d 495, 498 [1st Dept 2011] [internal quotation marks omitted]; see Eighth Ave. Garage Corp. v H.K.L. Realty Corp., 60 AD3d 404 [1st Dept 2009], lv dismissed 12 NY3d 880 [2009]). Seven years after initiating this action, appellants seek to assert three new claims for breach of implied contracts to continue to resell shipping services without any factual basis. The deposition testimony cited by appellants does not support their new claims.

We have considered appellants’ remaining contentions and find them unavailing.

Concur — Mazzarelli, J.R, Sweeny, Andrias, Saxe and Richter, JJ.