It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is denied.
Memorandum: Supreme Court erred in granting defendant's motion for leave to amend the answer to assert the defense of primary assumption of risk. Although leave to amend should be freely granted, it is properly denied where the proposed amendment is patently lacking in merit (see Carro v Lyons Falls Pulp & Paper, Inc.,...
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