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SAHMANOVIC v. KINGSBRIDGE REALTY ASSOC., LLC

305450/08, 83919/09. Appeal No. 14256. Case No. 2021-01177.

197 A.D.3d 1077 (2021)

152 N.Y.S.3d 688

2021 NY Slip Op 05181

Igbala Sahmanovic et al., Respondents, v. Kingsbridge Realty Associates, LLC, Appellant. (And a Third-Party Action.)

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Rosenbaum & Taylor, P.C., White Plains ( Leslie Luke of counsel), for appellant.

Bongiorno, Montiglio, Mitchell & Palmieri, PLLC, Mineola ( Angelo J. Bongiorno of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

While it is true that on a motion for leave to amend the complaint the movants "need not establish the merit of [their] proposed new allegations," they must "show that the proffered amendment is not palpably insufficient or clearly devoid of merit" (Perrotti v Becker, Glynn, Melamed & Muffly LLP, 82 A.D.3d 495, 498 [1st Dept 2011]).

Plaintiffs' motion for leave to amend the complaint should have been denied because they...

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