McKie v. Flagstar Bank, FSB

In an action, inter alia, to recover damages for fraud, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Woodard, J.), entered December 26, 2012, as denied his cross motion for leave to amend his complaint and his separate cross motion, inter alia, to stay the sale of the subject property.

Ordered that the order is affirmed insofar as appealed from, with costs.

“Leave to amend pleadings should be freely given provided that the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not…