CPLR R. 3025 Amended and supplemental
(b) Amendments and
supplemental pleadings by leave
DeLouise v S.K.I. Wholesale Beer Corp, 2010 NY Slip Op 05984 (App. Div., 2nd, 2010)
The plaintiff also sought leave to amend the complaint to assert the
additional causes of action of negligent entrustment, negligent hiring,
and negligent retention. Although CPLR 3025(b) provides that leave to
serve an amended pleading should be freely given (see AYW Networks v
Teleport Communications Group, 309 AD2d 724; Charleson v City of
Long Beach, 297 AD2d 777; Holchendler v We Transp., 292 AD2d
568), leave to amend should be denied where the proposed amendment is
palpably insufficient as a matter of law or is totally devoid of merit (see Morton v Brookhaven Mem. Hosp., 32 AD3d 381;
Thone v Crown Equip. Corp., 27 AD3d 723).
Here, the Supreme Court improvidently exercised its discretion in
granting the plaintiff leave to amend his complaint since the
plaintiff's motion papers were completely devoid of any factual basis
for the proposed amendments.
The bold is mine.