Matthews v. City of New York

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered May 16, 2014, which, to the extent appealed from as limited by the briefs, denied plaintiff’s cross motion to amend the complaint to add a claim for malicious prosecution, unanimously affirmed, without costs.

The motion court providently exercised its discretion in denying plaintiff’s cross motion for leave to amend the complaint (see e.g. Edenwald Contr. Co. v City of New York, 60 NY2d 957 [1983]), since the proposed amendment lacked merit (see e.g. Bag Bag v Alcobi, 129 AD3d 649 [1st Dept 2015]). Plaintiff failed to…