GIOIO v. CHING FU LIN

2018-00617, Index No. 56791/16.

173 A.D.3d 982 (2019)

100 N.Y.S.3d 889

2019 NY Slip Op 04918

Doreen Gioio, Individually and as Guardian of the Person and Property of Carl Gioio, an Incapacitated Person, Appellant, v. Ching Fu Lin, M.D., et al., Respondents.

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

Decided June 19, 2019.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Although leave to amend a pleading should be freely given in the absence of prejudice or surprise to the opposing party (see CPLR 3025[b]), a motion for leave to amend should be denied where the proposed amendment is palpably insufficient or patently devoid of merit (see J.W. Mays, Inc. v Liberty Mut. Ins...

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