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AMERICAN THEATRE FOR THE PERFORMING ARTS, INC. v. CONSOLIDATED CREDIT CORPORATION

45 A.D.3d 506 (2007)

846 N.Y.S.2d 60

AMERICAN THEATRE FOR THE PERFORMING ARTS, INC., Appellant, v. CONSOLIDATED CREDIT CORPORATION et al., Respondents.

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

Decided November 29, 2007.

A request to amend a pleading, regardless of the statutory imperative that it be freely granted (CPLR 3025 [b]), requires an examination of the underlying merit to determine if there is evidentiary proof that could be considered on a motion for summary judgment (Nab-Tern Constructors v City of New York, 123 A.D.2d 571, 572 [1986]). Affirmance is warranted here because there is no showing of merit to the amended pleadings. None of...

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