HOSP. FOR JOINT DISEASES ORTHOPAEDIC INST. v. JAMES KATSIKIS ENVTL. CONTRACTORS, INC.


173 A.D.2d 210 (1991)

Hospital for Joint Diseases Orthopaedic Institute, Respondent, v. James Katsikis Environmental Contractors, Inc., et al., Appellants, et al., Defendants

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

May 7, 1991


On a motion to amend pleadings (CPLR 3025 [b]), the court should examine, but need not decide, the merits of the proposed new pleading unless it is patently insufficient on its face (cf., Strook & Strook & Lavan v Beltramini, 157 A.D.2d 590; Goldberg v Linden Towers Coop. No. 5, 147 A.D.2d 672). Once a prima facie basis for the amendment has been established, that should end...

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