Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)

Citation: Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)
Parent Document: Rice v. Apazidis, 26 Mass. L. Rptr. 451 (2010)
Jurisdiction: Massachusetts (state)
Effective Date: 2010-02-23
Original Source: https://www.courtlistener.com/opinion/8357374/rice-v-apazidis/ ↗

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It would be futile to allow Rice’s motion to amend the complaint to add a breach of the warranty of habitability claim. That claim would be subject to an immediate motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(6). The court, accordingly, exercises its discretion to deny the plaintiffs motion to amend. See All Seasons Services Inc. v. Commissioner of Health and Hospitals, 416 Mass. 269, 272 (1993) (finding good reason to deny a motion to amend complaint where proposed amendment is futile). ORDER

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