Charleson v. City of Long Beach

297 A.D.2d 777, 747 N.Y.2d 802, 747 N.Y.S.2d 802, 2002 N.Y. App. Div. LEXIS 8876

Opinion

In the absence of surprise or prejudice to the opposing party, leave to amend a complaint is to be freely granted (see CPLR 3025 [b]; Edenwald Contr. Co. v City of New York, 60 NY2d 957; Dal Youn Chung v Farberov, 285 AD2d 524). Here, however, the plaintiffs’ proposed fourth cause of action, alleging violations of the Federal Racketeer Influenced and Corrupt Organization Act (18 USC § 1962), was not adequately pleaded and is plainly lacking in merit (see Curran v Auto Lab Serv. Ctr., 280 AD2d 636; 136 E. 56th St. Owners v Darnet Realty Assoc., 248 AD2d 327, 328; Schuler v Board of Educ. of Cent. Islip Union Free School Dist., 2000 WL 134346 [ED NY, Feb. 1, 2000]; United States v Private Sanitation Indus. Assn. of Nassau/Suffolk, 793 F Supp 1114, 1129).

The appellants’ remaining contentions are without merit. Ritter, J.P., Krausman, McGinity and Luciano, JJ., concur.