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VERDI v. DINOWITZ

Index No. 158747/16. Appeal No. 15839-15840-15840A. Case No. 2021-00937. 2021-01612. 202102802.

204 A.D.3d 627 (2022)

168 N.Y.S.3d 24

2022 NY Slip Op 02888

Manuele Verdi, Appellant, v. Jeffrey Dinowitz, Respondent. Randi Martos et al., Nonparty Respondents.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Ezra B. Glaser & Associates, Brooklyn ( Ezra B. Glaser of counsel), for appellant.

Stroock & Stroock & Lavan LLP, New York ( Charles G. Moerdler of counsel), for respondents.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, JJ.

The court providently exercised its discretion in denying plaintiff's motion for leave to amend the second amended complaint to allege a demand for punitive damages in connection with the defamation causes of action (see Consolidated Edison Co. of N.Y. v General Acc. Ins. Co., 204 A.D.2d 164, 165 [1st Dept 1994]). The proposed amendments were palpably insufficient and patently devoid of merit (LDIR, LLC v DB Structured Prods....

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