Opinion
8816N Index 652257/15
03-26-2019
Sara TECCHIA, et al., Plaintiffs–Appellants, v. Bartolomeo BELLATI doing business "Minimal USA", et al., Defendants–Respondents, Stefano Venier, Defendant.
Davidoff Hutcher & Citron LLP, New York (Joseph N. Polito of counsel), for appellants. Muchmore & Associates PLLC, Brooklyn (Marwan F. Sehwail of counsel), for respondents.
Davidoff Hutcher & Citron LLP, New York (Joseph N. Polito of counsel), for appellants.
Muchmore & Associates PLLC, Brooklyn (Marwan F. Sehwail of counsel), for respondents.
Manzanet–Daniels, J.P., Gische, Gesmer, Singh, Moulton, JJ.
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered March 23, 2018, which, insofar as appealed from as limited by the briefs, denied so much of plaintiffs' motion for leave to amend its complaint as sought to include a third cause of action for fraud against defendant Bellati, unanimously reversed, on the law, with costs, to permit said amendment.
The proposed amended pleading adequately pleaded the elements of a claim for fraudulent inducement, and was not palpably insufficient, clearly devoid of merit, or duplicative of the breach of contract claim (see First Bank of Ams. v. Motor Car Funding , 257 A.D.2d 287, 291, 690 N.Y.S.2d 17 [1st Dept. 1999] ).