RBP OF 400 W42 ST., INC. v. 400 WEST 42ND STREET REALTY ASSOCIATES


27 A.D.3d 250 (2006)

809 N.Y.S.2d 909

RBP OF 400 W42 ST., INC., Appellant, v. 400 WEST 42ND STREET REALTY ASSOCIATES, Respondent.

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

March 7, 2006.


Plaintiff tenant sought to add claims already rendered meritless by the court's previous and undisturbed finding that defendant landlord had not acted in bad faith in refusing to consent to a proposed assignment of the lease and invoking the provisions for its recapture. Although leave to amend pleadings should be freely granted absent prejudice or surprise resulting from delay (CPLR 3025 [b]), leave should be denied where, as here, the proposed claim is palpably insufficient...

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