Scotts Co. v. Pacific Employers Insurance

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered February 27, 2008, which, to the extent appealed from as limited by the briefs, denied third-party plaintiffs motion to amend its third-party complaint to seek relief enjoining its coinsurers from seeking contribution in this matter as to any claims in any proceeding in any jurisdiction, unanimously affirmed, with costs.

The court properly denied appellant’s motion to amend the third-party complaint since the proposed amendment did not state a viable claim for relief. The amendment sought to enjoin appellant’s coinsurers…