Practice point: The Appellate Division affirmed the denial of plaintiff's motion to amend the complaint to assert a cause of action alleging malicious prosecution. As the proposed cause of action failed to plead the required element of interference with person or property, it was palpably insufficient.
Student note: In the absence of prejudice or surprise to the opposing party, leave to amend a pleading should be freely granted unless the proposed amendment is palpably insufficient or patently devoid of merit.
Case: Galanova v. Safir, NY Slip Op 02723 (2d Dept. 2015)
Here is the decision.
Monday's issue: Constructive notice of a hazardous lead-paint condition.
