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WHITNEY-CARRINGTON v. NEW YORK METHODIST HOSPITAL

289 A.D.2d 326 (2001)

734 N.Y.S.2d 490

SONIA WHITNEY-CARRINGTON et al., Appellants, v. NEW YORK METHODIST HOSPITAL, Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided December 10, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs' motion for leave to amend their complaint to allege a cause of action against the defendant New York Methodist Hospital based upon the Emergency Medical Treatment and Active Labor Act (42 USC § 1395dd). While CPLR 3025 (b) provides that leave to amend "shall be freely given upon such terms as may be just," if the proposed amendment is "patently lacking in merit,...

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