ARMSTRONG, JUDITH T. v. MERRICK, JOAN

Memorandum: Supreme Court erred in granting defendant’s motion for leave to amend the answer to assert the defense of primary assumption of risk. Although leave to amend should be freely granted, it is properly denied where the proposed amendment is patently lacking in merit (see Carro v Lyons Falls Pulp & Paper, Inc., 56 AD3d 1276, 1277 [2008]; Manufacturers & Traders Trust Co. v Reliance Ins. Co., 8 AD3d 1000, 1001 [2004]; Christiano v Chiarenza, 1 AD3d 1039, 1040 [2003]). Here, the complaint and plaintiffs factual submissions in opposition to the motion allege that plaintiff was injured…