Opinion
November 24, 1997
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
Although leave to amend an answer should be freely given, such a motion should be denied where, as here, the substance of the proposed amended answer lacks merit ( see, ICC Bridgeport Ltd. Partnership v. Primrose Dev. Corp., 221 A.D.2d 417). The plaintiff's cause of action sounds in breach of contract. Thus, contrary to the defendant's first proposed additional affirmative defense, the plaintiff is not bound by the four-month Statute of Limitations ( see, Long Beach Mem. Nursing Home v D'Elia, 108 A.D.2d 901). Furthermore, the other additional, proposed defenses, that the plaintiff nursing home lacks standing to bring this action and that it has failed to present a justiciable controversy, are also without merit ( see, e.g., Matter of Peninsula Gen. Nursing Home v. Sugarman, 44 N.Y.2d 909; Long Beach Mem. Nursing Home v. D'Elia, supra).
Copertino, J. P., Friedmann, Krausman and Goldstein, JJ., concur.