Levert v. Central School District No. 6

Motion for leave to serve a supplemental answer denied.

Ordinarily the merits of the proposed pleading are not considered on a motion of this type, but where it clearly appears that the amendment is without merit permission to amend will be denied (see Brancato v. Ambrosio, 8 Misc 2d 735; Hasen v. Apsel, 17 Misc 2d 858). Here, the defendant in the proposed supplemental answer intends to plead as a bar to the action the failure to comply with the requirement of section 3813 of the Education Law that a written verified claim he submitted before an action may be commenced. But it is obvious that…