Shabazz v Verizon N.Y., Inc.

2011 NY Slip Op 03048 [83 AD3d 815]

April 12, 2011

Appellate Division, Second Department

As corrected through Wednesday, June 8, 2011

Wendell E. Shabazz, Appellant, v Verizon New York, Inc.,et al., Respondents.

—[*1]Wendell E. Shabazz, South Ozone Park, N.Y., appellant pro se.

Montfort, Healy, McGuire & Salley, Garden City, N.Y. (Donald S. Neumann, Jr., ofcounsel), for respondents.

In an action, inter alia, to recover damages for violations of General Business Law§§ 349 and 350, the plaintiff appeals from an order of the Supreme Court, QueensCounty (Golia, J.), entered March 29, 2010, which denied his motion for leave to amend thecomplaint.

Ordered that the order is affirmed, with costs.

The plaintiff moved pursuant to CPLR 3025 (b) for leave to amend the complaint to addadditional factual allegations. Since the proposed amendments were palpably insufficient to stateany causes of action or were patently devoid of merit, the Supreme Court properly denied theplaintiff's motion (see Dmytryszyn vHerschman, 78 AD3d 1108, 1109-1110 [2010]; Matter of Haberman v Zoning Bd. of Appeals of City of Long Beach, 78AD3d 945, 946 [2010]; Lucido vMancuso, 49 AD3d 220, 225-229 [2008]). Rivera, J.P., Chambers, Hall and Lott, JJ.,concur.