American Theatre for the Performing Arts, Inc. v. Consolidated Credit Corp.

Order, Supreme Court, New York County (Karla Moskowitz, J), entered May 26, 2006, which, to the extent appealable and as limited by plaintiffs brief, denied plaintiffs motion for renewal of a prior order that had denied leave to serve an amended complaint, unanimously affirmed, with costs.

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-Tem Constructors v City of New York, 123…