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MANHATTAN REAL ESTATE EQUITIES GROUP LLC v. PINE EQUITY NY, INC.

27 A.D.3d 323 (2006)

815 N.Y.S.2d 28

MANHATTAN REAL ESTATE EQUITIES GROUP LLC, Appellant, v. PINE EQUITY NY, INC., et al., Respondents, et al., Defendants.

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

March 21, 2006.

Plaintiff's motion for summary judgment was premature, since issue had not yet been joined (CPLR 3212 [a]; Costalas v Amalfitano, 305 A.D.2d 202, 204 [2003]). As to the branch of the motion seeking to add a party defendant, leave to amend a pleading should generally be freely granted, but the party seeking amendment has the burden of establishing the merit of the proposal. Leave to amend a complaint should be denied where the claim...

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