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SILVERITE CONSTRUCTION CO., INC. v. TOWN OF NORTH HEMPSTEAD

285 A.D.2d 456 (2001)

727 N.Y.S.2d 342

SILVERITE CONSTRUCTION CO., INC., Appellant, v. TOWN OF NORTH HEMPSTEAD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 2, 2001.

Ordered that the judgment is affirmed, with costs.

The parties stipulated that the plaintiff was entitled to recover $50,000, representing damages incurred through April 22, 1987. However, the Supreme Court properly denied the plaintiff's application for leave to amend the complaint to include a claim for damages allegedly incurred after April 22, 1987. Leave to amend a pleading should be denied where, as here, the proposed amendment is devoid of merit (see, Fucci...

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