Legal Opinion
Ricci v. New Era Cap Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1996PublishedCited by 6 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Harvey, J.). We add only that *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.
2Cases cited2 opinions
- Metral v. HornAppellate Division of the Supreme Court of the State of New York · 1995
- Washburn v. Citibank (South Dakota), N. A.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
- Fingerlakes Chiropractic, P. C. v. MaggioAppellate Division of the Supreme Court of the State of New York · 2000
- Di Matteo v. GreyAppellate Division of the Supreme Court of the State of New York · 2001
- Goss v. State University Construction FundAppellate Division of the Supreme Court of the State of New York · 1999
- Razey v. WachtAppellate Division of the Supreme Court of the State of New York · 2001
- Enright v. Buffalo Technology Building "B" PartnershipAppellate Division of the Supreme Court of the State of New York · 2000
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