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REYES v. BSP REALTY CORP.

8948N, 306541/10.

171 A.D.3d 504 (2019)

95 N.Y.S.3d 808

2019 NY Slip Op 02665

Jose Reyes et al., Appellants, v. BSP Realty Corp., Respondent.

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

Decided April 9, 2019.

While leave to amend should be freely granted under CPLR 3025 (b), where the proposed amendment is devoid of merit, leave should be denied (see Heller v Louis Provenzano, Inc., 303 A.D.2d 20, 25 [1st Dept 2003]). An amendment is devoid of merit where the allegations are legally insufficient (see Mosaic Caribe, Ltd. v AllSettled Group, Inc., 117 A.D.3d 421, 422 [1st Dept 2014]).

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