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HUNTER v. GALLAND

37 A.D.3d 1048 (2007)

829 N.Y.S.2d 320

LEMAR HUNTER, Appellant, v. JUDITH GALLAND et al., Defendants, and ROCHESTER GAS AND ELECTRIC CORPORATION, Respondent.

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

Decided February 2, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for leave to amend the complaint to add a claim for punitive damages "where[, as here,] the proposed amendment is palpably without merit" (Thone v Crown Equip. Corp., 27 A.D.3d 723, 724 [2006]). "`Punitive damages are warranted where the conduct...

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