Legal Opinion
Washburn v. Citibank (South Dakota), N. A.
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1993PublishedCited by 10 opinions
1Opinion of the Court
— Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs cross motion to amend his complaint to assert a cause of action for negligent misrepresentation. While leave to amend pleadings is to be freely given (see, CPLR 3025 [b]; Brinati v Southlake Props. Corp., 162 AD2d 961), where, as here, the proposed amendment manifestly lacks merit or is "palpably insufficient on [its] face”, it is improvident for the court to grant leave to amend (Mathieson v Mead, 168 AD2d 736, 737). Therefore,…
2Cases cited2 opinions
- Mathiesen v. MeadAppellate Division of the Supreme Court of the State of New York · 1990
- Brinati v. Southlake Properties Corp.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by10 opinions
- H & R Project Associates, Inc. v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2001
- Dec v. Auburn Enlarged School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Marine Midland Bank, N.A. v. Hallman's Budget Rent-A-Car of Rochester, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Goss v. State University Construction FundAppellate Division of the Supreme Court of the State of New York · 1999
- Ricci v. New Era Cap Co.Appellate Division of the Supreme Court of the State of New York · 1996
5 more not listed; retrieve them via the Exa API.