Tenenbaum v. Long Beach Memorial Hospital

Order unanimously reversed on the law without costs, cross motion denied, motions granted and complaint dismissed. Memorandum: Supreme Court improvidently exercised its discretion in *974granting plaintiffs’ cross motion for leave to amend the complaint to assert a cause of action for fraud based on allegations that defendants intentionally concealed knowledge of the presence of a needle in the body of plaintiff Ben Tenenbaum following surgery. The proposed amendment "plainly lacks merit” (Mathiesen v Mead, 168 AD2d 736). Plaintiffs failed to make a showing that either defendant intentionally…