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CITARELLI v. AMERICAN INSURANCE COMPANY

282 A.D.2d 494 (2001)

722 N.Y.S.2d 895

LARRY CITARELLI et al., Respondents, v. AMERICAN INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided April 9, 2001.

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

The Supreme Court erred in granting the plaintiffs' motion for leave to amend their complaint, as they failed to make an evidentiary showing that the proposed causes of action had merit (see, Heckler Elec. Co. v Matrix Exhibits-N. Y., 278 A.D.2d 279; Morgan v Prospect Park Assocs. Holdings, 251 A.D.2d 306

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