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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)

Citation
NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)
Parent Document
NYCHA Coney Island Houses v. Ramos, 41 Misc. 3d 702 (2013)
Jurisdiction
New York (state)
Effective Date
2013-09-16

Other Sections in This Document (70)

Full Text

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Where a court concludes that an application for leave to amend a pleading clearly lacks merit, leave is properly denied.4 A proposed amended pleading should be permitted unless it is “patently insufficient on its face.”5 The party opposing a motion to amend a pleading must overcome a presumption of validity in the moving party’s favor, and demonstrate that the facts al*709leged and relied upon in the moving papers are obviously unreliable or insufficient to support the amendment.6 Legal Analysis First Affirmative Defense Breach of the Warranty of Habitability