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NAB CONSTR. CORP. v. METRO. TRANSP. AUTH.

167 A.D.2d 301 (1990)

NAB Construction Corp., Appellant, v. Metropolitan Transportation Authority, Acting by New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 27, 1990

Although, as plaintiff correctly notes, CPLR 3025 (b) provides that leave to amend a complaint shall be freely granted (Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957), nevertheless, this court has held that leave to amend a complaint is not granted upon mere request without a proper showing. Rather, in determining whether to grant leave to amend, a court must examine the underlying...

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