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JONKE v. FOOT LOCKER INC.

11310, 111794/99.

181 A.D.3d 544 (2020)

119 N.Y.S.3d 741

2020 NY Slip Op 02113

James Jonke, Respondent, v. The Foot Locker Inc., et al., Defendants. Foot Locker, Inc., Nonparty Appellant.

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

Decided March 26, 2020.

Plaintiff's motion for leave to amend has yet to be decided. In light of the liberal standard for granting leave to amend (see Obstfeld v Thermo Niton Analyzers, LLC, 168 A.D.3d 1080, 1084 [2d Dept 2019]), the court must determine whether the proposed addition or substitution is "plainly lacking in merit" (id. [internal quotation marks omitted]).

Plaintiff is not entitled to a jury trial in any event, since he seeks...

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