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MATHEWS v. VISUAL THERMOFORMING

187 A.D.2d 964 (1992)

Eugene Mathews, Respondent, v. Visual Thermoforming, Respondent, and Prescotech a Company of Tennetics, Inc., Appellant. (Appeal No. 1.)

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

November 18, 1992

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in denying the motion of defendant Prescotech A Company of Tennetics, Inc. to amend its answer to assert an affirmative defense. When seeking leave to amend a pleading pursuant to CPLR 3025 (b), "it is incumbent upon a movant to make `some evidentiary showing that the claim can be supported'" (Mathiesen v Mead

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