Legal Opinion
Boccio v. Aspin Trucking Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1983PublishedCited by 6 opinions
1Opinion of the Court
— Order unanimously affirmed, without costs. Memorandum: Plaintiffs appeal from that part of an order which denied their motion for leave to amend their complaint to plead a cause of action under the Labor Law. Leave to amend should be freely given (CPLR 3025, subd [b]) without regard to the merits or legal sufficiency of the proposed amended pleading unless the pleading is clearly and patently insufficient on its face (De Forte v Allstate Ins. Co., 66 AD2d 1028). A pleading which is devoid of merit should not be allowed (Walter v Bauer, 88 AD2d 787; Taylor v Taylor, 84 AD2d 947). Here,…
2Cases cited4 opinions
- De Forte v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- Taylor v. TaylorAppellate Division of the Supreme Court of the State of New York · 1981
- Walter v. Louise BauerAppellate Division of the Supreme Court of the State of New York · 1982
- Deso v. Albany Ladder Co.Appellate Division of the Supreme Court of the State of New York · 1966
3Cited by6 opinions
- KNIGHT, MARY J. v. REALTY USA.COM, INC.Appellate Division of the Supreme Court of the State of New York · 2012
- Baker v. KellerAppellate Division of the Supreme Court of the State of New York · 1997
- Goldstein v. Barco of California, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Padilla v. Verczky-PorterAppellate Division of the Supreme Court of the State of New York · 2009
- Almor Associates v. Town of SkaneatelesAppellate Division of the Supreme Court of the State of New York · 1994
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