Glatt v. Mariner Partners, Inc.
Opinion of the Court
Plaintiffs failure to submit an affidavit of merit with his motion to amend cannot be remedied by an affidavit submitted for the first time in reply (Schulte Roth & Zabel, LLP v Kassover, 28 AD3d 404, 405 [1st Dept 2006]). Thus, the motion to amend should have been denied. Were we to consider the contents of the proposed affidavit, it is nonetheless insufficient to excuse the long delay.
The cause of action for breach of the implied covenant of good faith and fair dealing was properly rejected as duplicative of so much of the breach of contract claim that this Court has already determined was dismissed for insufficiency (63 AD3d 428 [2009]; see Triton Partners v Prudential Sec., 301 AD2d 411 [2003]). Concur—Mazzarelli, J.P., Friedman, Catterson, Renwick and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.