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LACHAJCZYK v. SCHRIBER

155 A.D.2d 874 (1989)

Henry T. Lachajczyk, Appellant, v. Scott Schriber, Doing Business as Chautauqua County Contracting, Respondent and Third-Party Plaintiff. Yorktown Industries, Inc./Matco Tools, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1989

Order unanimously affirmed without costs.

Memorandum:

As a general rule, leave to amend pleadings should be freely granted; in this case, however, the proposed amendment is devoid of merit, and the court did not abuse its discretion by considering the merits (see, Andersen v University of Rochester, 91 A.D.2d 851, appeal dismissed 59 N.Y.2d 968).

Plaintiff sought to amend his complaint to allege...

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