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MID-VALLEY OIL COMPANY, INC. v. HUGHES NETWORK SYSTEMS, INC.

54 A.D.3d 393 (2008)

862 N.Y.S.2d 291

MID-VALLEY OIL COMPANY, INC., Appellant, et al., Intervenor-Plaintiff, v. HUGHES NETWORK SYSTEMS, INC., Defendant and Third-Party Plaintiff-Respondent. NORTH STAR VIDEO, INC., Third-Party Defendant.

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

August 19, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff moved for leave to amend the complaint to add Mobil Oil Corporation (hereinafter Mobil) as a party defendant and to assert causes of action based upon common-law and contractual indemnification against Mobil. While leave to amend a complaint should be freely granted (see CPLR 3025 [b]), leave should be denied where, as here, the proposed amendment is palpably insufficient and patently devoid of merit...

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