Wing Wong Realty Corp. v. Flintlock Construction Services, LLC

Order, Supreme Court, New York County (Debra A. James, J.), entered February 19, 2009, which denied plaintiffs motion for leave to amend the complaint to add a cause of action for gross negligence and a demand for punitive damages, unanimously affirmed, without costs.

The court correctly examined the proposed amended complaint to determine if there was evidentiary proof that could be considered on a summary judgment motion (see American Theatre for the Performing Arts, Inc. v Consolidated Credit Corp., 45 AD3d 506 [2007]) and correctly determined that plaintiff failed to allege facts that…