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McKiernan v. McKiernan

Appellate Division of the Supreme Court of New York, Second Department
Sep 19, 1994
207 A.D.2d 825 (N.Y. App. Div. 1994)

Opinion

September 19, 1994

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.


In determining whether to grant leave to amend a pleading, a court must examine the underlying merit of the causes of action asserted therein, since to do otherwise would be wasteful of judicial resources (see, Wieder v. Skala, 168 A.D.2d 355). Although leave to amend a pleading is liberally granted, where, as here, the proposed amendment is patently lacking in merit, it will not be permitted and leave should be denied as a matter of law (see, Staines v. Nassau Queens Med. Group, 176 A.D.2d 718; Hauptman v. New York City Health Hosps. Corp., 162 A.D.2d 588). Mangano, P.J., Bracken, Santucci and Friedmann, JJ., concur.


Summaries of

McKiernan v. McKiernan

Appellate Division of the Supreme Court of New York, Second Department
Sep 19, 1994
207 A.D.2d 825 (N.Y. App. Div. 1994)
Case details for

McKiernan v. McKiernan

Case Details

Full title:PETER McKIERNAN, Appellant, v. MARY A. McKIERNAN, Respondent, et al.…

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

Date published: Sep 19, 1994

Citations

207 A.D.2d 825 (N.Y. App. Div. 1994)
616 N.Y.S.2d 629

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