CHANG v. FIRST AMERICAN TITLE INSURANCE CO OF NEW YORK (2005)

In an action, inter alia, to recover damages for breach of the implied duties of good faith and fair dealing, unfair business practices, and fraud, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (O'Donoghue, J.), dated May 21, 2003, as denied her motion for leave to serve an amended complaint.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to serve an amended complaint since she did not provide a copy of her proposed amended complaint, and the proposed amendment was palpably insufficient (see Ferdinand v. Crecca & Blair, 5 A.D.3d 538, 540, 774 N.Y.S.2d 714;  Youkelsone v. Federal Natl. Mtge. Assn., 309 A.D.2d 655, 765 N.Y.S.2d 792;  Branch v. Abraham & Strauss Dept. Store, 220 A.D.2d 474, 475, 632 N.Y.S.2d 168).   However, under the circumstances of this case, the imposition of a sanction on this appeal against the plaintiff is not warranted.