Ricci v. New Era Cap Co., 224 A.D.2d 963 (N.Y. App. Div. 4th Dep't 1996). · Go Syfert
Ricci v. New Era Cap Co., 224 A.D.2d 963 (N.Y. App. Div. 4th Dep't 1996). Cases Citing This Book View Copy Cite
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Carl R. Ricci, Doing Business as C.R. Ricci Athletic Sales
v.
New Era Cap Co., Inc.
Appellate Division of the Supreme Court of the State of New York.
Feb 2, 1996.
Published opinion
224 A.D.2d 963
1996 N.Y. App. Div. LEXIS 1607
Cited by 6 opinions  |  Published

—Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Harvey, J.). We add only that[*964] plaintiffs motion to amend the complaint to add causes of action for fraud and constructive fraud was properly denied. The proposed amendment manifestly lacked merit and was " 'palpably insufficient on [its] face’ ” (Washburn v Citibank [S. D.], 190 AD2d 1057; see, Metral v Horn, 213 AD2d 524, 525). (Appeal from Order of Supreme Court, Ontario County, Harvey, J.— Amend Complaint.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.