Razey v. Wacht

Order unanimously affirmed *942without costs. Memorandum: Supreme Court properly denied plaintiffs cross motion to amend the complaint to add defendant’s daughter as a party and to assert a cause of action for negligent supervision against her. Although leave to amend should be freely granted (see, CPLR 3025 [b]), it is not appropriate where the proposed amendment is patently lacking in merit (see, Ellis v Whippo, 262 AD2d 1055, 1056; Ricci v New Era Cap Co., 224 AD2d 963, 964). Here, the proposed amendment patently lacks merit (cf., Singh v Persaud, 269 AD2d 381, 382; Rider v Speaker, 180 Misc…