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MONTEIRO v. R.D. WERNER CO., INC.

301 A.D.2d 636 (2003)

754 N.Y.S.2d 328

GUI D. MONTEIRO, Appellant, v. R.D. WERNER CO., INC., et al., Defendants and Third-Party Plaintiffs. CITY OF NEW YORK, Third-Party Defendant-Respondent. (Action No. 1.) GUI D. MONTEIRO, Plaintiff, v. R.D. WERNER CO., INC., et al., Defendants. (Action No. 2.)

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

Decided January 27, 2003.

Ordered that the order is affirmed, with costs.

The plaintiff's complaint in Action No. 1, insofar as asserted against the City of New York, was dismissed by order of the Supreme Court, Kings County (Schneier, J.), dated September 4, 1998. The plaintiff subsequently moved for leave to assert a direct cause of action against the City.

Although leave to amend a complaint should be freely granted (see CPLR 3025 [a]), the movant must make some evidentiary...

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