RICCI v. NEW ERA CAP CO., INC

Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Harvey, J.). We add only that plaintiff's motion to amend the complaint to add causes of action for fraud and constructive fraud was properly denied. The proposed amendment manifestly lacked merit and was "`palpably insufficient on [its] face'" (Washburn v. Citibank [S.D.], 190 A.D.2d 1057; see, Metral v. Horn, 213 A.D.2d 524, 525).