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STATE EX REL. WILLCOX v. CREDIT SUISSE SEC. (USA) LLC

1584, 100185/13.

140 A.D.3d 622 (2016)

36 N.Y.S.3d 89

2016 NY Slip Op 05078

STATE OF NEW YORK ex rel. THOMAS C. WILLCOX, Appellant, v. CREDIT SUISSE SECURITIES (USA) LLC et al., Respondents.

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

Decided June 28, 2016.

As relator basically concedes on appeal, the claims pled in his amended complaint were time-barred. Hence, the real issue is whether the court properly denied his motion for leave to file a third amended complaint.

While leave to amend should be freely given (see e.g. McGhee v Odell, 96 A.D.3d 449, 450 [1st Dept 2012]), "a court must examine the merit of the proposed amendment...

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