From Casetext: Smarter Legal Research

Toscano v. Toscano

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 453 (N.Y. App. Div. 2003)

Opinion

2002-03741

Argued January 21, 2003.

February 13, 2003.

In an action, inter alia, to recover damages for wrongful appropriation of corporate property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Kitson, J.), dated March 25, 2002, as denied that branch of their motion which was pursuant to CPLR 3025(b) for leave to amend the complaint.

Munzel Napolitano, LLP, Riverhead, N.Y. (John J. Munzel of counsel), for appellants.

Richard A. Kraslow, P.C., Melville, N.Y., for respondents.

Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.


DECISION ORDER

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

The Supreme Court properly denied that branch of the plaintiffs' motion which was pursuant to CPLR 3025(b) for leave to amend the complaint, because the plaintiffs failed to make an evidentiary showing that the proposed amendment had merit (see Arnold v. Siegel, 296 A.D.2d 363; Ogilvie v. McDonald's Corp., 294 A.D.2d 550; Tatzel v. Kaplan, 292 A.D.2d 440; Rice v. Penguin Putnam, 289 A.D.2d 318; Citarelli v. American Ins. Co., 282 A.D.2d 494; Curran v. Auto Lab Serv. Ctr., 280 A.D.2d 636). While leave to amend a complaint should be freely granted (see CPLR 3025[b]), a movant must make some evidentiary showing, and "a court must examine the underlying merit of the proposed claims, since to do otherwise would be wasteful of judicial resources" (Morgan v. Prospect Park Assocs. Holdings, 251 A.D.2d 306).

SANTUCCI, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.


Summaries of

Toscano v. Toscano

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 453 (N.Y. App. Div. 2003)
Case details for

Toscano v. Toscano

Case Details

Full title:ANTHONY TOSCANO, ET AL., appellants, v. ANGELO TOSCANO, ET AL., respondents

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

Date published: Feb 13, 2003

Citations

302 A.D.2d 453 (N.Y. App. Div. 2003)
754 N.Y.S.2d 888

Citing Cases

Deimel v. Aboff

The facts before this Court do not support a motion to add the proposed Defendant as a party (see, Demant v.…

Zwiebel v. Guttman

Although leave to amend a pleading should be freely given absent prejudice to the opposing party ( see CPLR…