CASTELLANO v. HOME INS. CO.


186 A.D.2d 721 (1992)

Louis J. Castellano, Jr., P. C., et al., Respondents, v. Home Insurance Company et al., Appellants

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

October 19, 1992


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Although a motion to amend a pleading should be freely given absent a showing of prejudice or surprise to the opposition (CPLR 3025 [b]; Fahey v County of Ontario, 44 N.Y.2d 934), an amendment, such as here, which is devoid of merit and whose insufficiency or lack of merit is "`clear and free from...

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