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Washburn v. Citibank

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1057 (N.Y. App. Div. 1993)

Opinion

February 5, 1993

Appeal from the Supreme Court, Monroe County, Calvaruso, J.

Present — Denman, P.J., Boomer, Green, Balio and Davis, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's cross motion to amend his complaint to assert a cause of action for negligent misrepresentation. While leave to amend pleadings is to be freely given (see, CPLR 3025 [b]; Brinati v Southlake Props. Corp., 162 A.D.2d 961), where, as here, the proposed amendment manifestly lacks merit or is "palpably insufficient on [its] face", it is improvident for the court to grant leave to amend (Mathieson v Mead, 168 A.D.2d 736, 737). Therefore, we modify the order of Supreme Court by denying plaintiff's cross motion to amend his complaint to assert a cause of action for negligent misrepresentation. In all other respects, the order is affirmed.


Summaries of

Washburn v. Citibank

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 5, 1993
190 A.D.2d 1057 (N.Y. App. Div. 1993)
Case details for

Washburn v. Citibank

Case Details

Full title:CLYDE WASHBURN, Appellant-Respondent, v. CITIBANK (SOUTH DAKOTA), N.A.…

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

Date published: Feb 5, 1993

Citations

190 A.D.2d 1057 (N.Y. App. Div. 1993)
593 N.Y.S.2d 681

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