Brancato v. Ambrosio

Motion by plaintiff for leave to serve a supplemental complaint in addition to the original complaint.

Ordinarily on such a motion the court does not examine the merits of the proposed pleading. (Ponticello v. Prudential Ins. Co., 281 App. Div. 549.) Where, however, the proposed pleading completely lacks merit and can only cause delay and confusion leave should he denied. (Stanford v. Cayuga Linen & *736Cotten Mills, 255 App. Div. 928.) Plaintiff brought this action to recover damages for having been evicted from an apartment which the landlord claimed he needed for his son, but which was not…