Ricci v. New Era Cap Co.
This text of 224 A.D.2d 963 (Ricci v. New Era Cap Co.) 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.
Opinion
—Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Harvey, J.). We add only that [964]*964plaintiffs motion to amend the complaint to add causes of action for fraud and constructive fraud was properly denied. The proposed amendment manifestly lacked merit and was " 'palpably insufficient on [its] face’ ” (Washburn v Citibank [S. D.], 190 AD2d 1057; see, Metral v Horn, 213 AD2d 524, 525). (Appeal from Order of Supreme Court, Ontario County, Harvey, J.— Amend Complaint.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.
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Cite This Page — Counsel Stack
224 A.D.2d 963, 638 N.Y.S.2d 373, 1996 N.Y. App. Div. LEXIS 1607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricci-v-new-era-cap-co-nyappdiv-1996.