Home/Appellate Division of the Supreme Court of New York/Midwest First Financial Ltd. Partnership III v. First American Title Insurance

Midwest First Financial Ltd. Partnership III v. First American Title Insurance

301 A.D.2d 506, 753 N.Y.S.2d 381, 2003 N.Y. App. Div. LEXIS 190
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 13, 2003
StatusPublished

This text of 301 A.D.2d 506 (Midwest First Financial Ltd. Partnership III v. First American Title Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Midwest First Financial Ltd. Partnership III v. First American Title Insurance, 301 A.D.2d 506, 753 N.Y.S.2d 381, 2003 N.Y. App. Div. LEXIS 190 (N.Y. Ct. App. 2003).

Opinion

—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), entered August 24, 2001, which denied its motion for leave to serve an amended complaint and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff’s motion for leave to amend the complaint. While leave to amend a pleading pursuant to CPLR 3025 (b) generally is liberally granted, such leave will be denied where, as here, the proposed pleading is devoid of merit (see Silverite Constr. Co. v Town of N. Hempstead, 285 AD2d 456; Leszczynski v Kelly & McGlynn, 281 AD2d 519).

In opposition to the defendant’s prima facie showing of entitlement to judgment in its favor as a matter of law, the plaintiff failed to establish the existence of a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557). Altman, J.P., S. Miller, Adams and Mastro, JJ., concur.

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Related

Zuckerman v. City of New York
404 N.E.2d 718 (New York Court of Appeals, 1980)
Leszczynski v. Kelly & McGlynn
281 A.D.2d 519 (Appellate Division of the Supreme Court of New York, 2001)
Silverite Construction Co. v. Town of North Hempstead
285 A.D.2d 456 (Appellate Division of the Supreme Court of New York, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
301 A.D.2d 506, 753 N.Y.S.2d 381, 2003 N.Y. App. Div. LEXIS 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midwest-first-financial-ltd-partnership-iii-v-first-american-title-nyappdiv-2003.