Other citing cases
- K & R Day Trucking, Inc. v. Lore, 244 A.D.2d 960 (N.Y. App. Div. 4th Dep't 1997).published
v.
New Era Cap Co., Inc.
—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.