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McKIE v. FLAGSTAR BANK, FSB

2013-02219, Index No. 3863/12.

125 A.D.3d 727 (2015)

999 N.Y.S.2d 901

CHARLES McKIE, Appellant, v. FLAGSTAR BANK, FSB, Respondent.

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

Decided February 11, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

"Leave to amend pleadings should be freely given provided that the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit" (Matter of Haberman v Zoning Bd. of Appeals of City of Long Beach, 119 A.D.3d 789, 791 [2014] [internal quotation marks omitted]; see CPLR 3025 [b])....

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