Opinion
2013-12-18
The Supreme Court providently exercised its discretion in denying the plaintiffs' cross motion for leave to amend the complaint to assert a cause of action alleging gross negligence and to demand punitive damages, as the proposed cause of action and demand for relief were patently devoid of merit ( see Reuter v. Flobo Enters., 120 A.D.2d 722, 723;see also generally Aurora Loan Servs ., LLC v. Dimura, 104 AD3d 796;Ramos v. Baker, 91 AD3d 930, 932).