Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the order is affirmed, without costs or disbursements.
Although leave to serve an amended pleading should be liberally granted, leave should be denied, as a matter of law, where the proposed amendment is "patently lacking in merit" (Staines v Nassau Queens Med. Group, 176 A.D.2d 718; see, Bonnen v Chin Hua Chiang, 272 A.D.2d 357; Perrini v City of New York,
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