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Razey v. Wacht

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 941 (N.Y. App. Div. 2001)

Opinion

March 21, 2001.

Appeal from Order of Supreme Court, Onondaga County, Centra, J. — Summary Judgment.

BEFORE: HAYES, J. P., WISNER, SCUDDER, KEHOE AND BURNS, JJ.


Order unanimously affirmed without costs. Memorandum:

Supreme Court properly denied plaintiff's 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 A.D.2d 1055, 1056; Ricci v. New Era Cap Co., 224 A.D.2d 963, 964). Here, the proposed amendment patently lacks merit ( cf., Singh v. Persaud, 269 A.D.2d 381, 382; Rider v. Speaker, 180 Misc.2d 999). Plaintiff failed to address in his brief that part of the order granting defendants' motion for summary judgment, and thus any issue with respect to that part of the order is deemed abandoned ( see, Ciesinski v. Town of Aurora, 202 A.D.2d 984).


Summaries of

Razey v. Wacht

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 941 (N.Y. App. Div. 2001)
Case details for

Razey v. Wacht

Case Details

Full title:MICHAEL RAZEY, AS PARENT AND GUARDIAN OF AILEEN RAZEY, AN INFANT…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 21, 2001

Citations

281 A.D.2d 941 (N.Y. App. Div. 2001)
722 N.Y.S.2d 447

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