Practice point: While leave to amend a pleading will be liberally granted, pursuant to CPLR 3025[b]), leave will be denied when the proposed amendment is plainly insufficient as a matter of law or is totally devoid of merit.
Practitioners should note that, for pleading purposes, a demand for punitive damages does not constitute a separate cause of action.
Case: Rosenblum v. Frankl, NY Slip Op 10599 (2d Dept. 2008)
The opinion is here.
Tomorrow’s issue: Employment Law.
