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CITARELLI v. AMERICAN INSURANCE COMPANY
Appellate Division of the Supreme Court of New York, Second Department.
Apr 5, 2001
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DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, and the motion is denied.
The Supreme Court erred in granting the plaintiffs' motion for leave to amend their complaint, as they failed to make an evidentiary showing that the proposed causes of action had merit (see, Heckler Elec. Co. v. Matrix Exhibits — New York, 278 A.D.2d 279 [2d Dept., Dec. 11, 2000]; Morgan v. Prospect Park Assocs. Holdings, 251 A.D.2d 306; Clark v. Foley, 240 A.D.2d 458).
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