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PICHARDO v. JOHNSON

13945N, 110799/10.

124 A.D.3d 452 (2015)

997 N.Y.S.2d 903

KARIEN PICHARDO, Appellant, v. ROBIN JOHNSON, Respondent, et al., Defendants.

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

Decided January 13, 2015.

The court properly denied the motion for leave to amend the complaint because the proposed amendment was lacking in merit (see e.g. Sharon Ava & Co. v Olympic Tower Assoc., 259 A.D.2d 315 [1st Dept 1999]). Plaintiff sought to assert claims against defendant Johnson in her individual capacity, but none of the allegations establish that Johnson acted outside the scope of her employment.

Johnson did not move to dismiss the...

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