Griffin v. New York City Transit Authority

Order, Supreme Court, New York County (Robert Lippmann, J.), entered July 19, 2002, which, to the extent appealed from as limited by the brief, denied plaintiff’s motion to amend the pleadings to add a cause of action for wrongful death, unanimously affirmed, without costs.

*142While leave to amend a pleading is freely given (CPLR 3025 [b]), the court properly exercised its discretion in denying such leave since plaintiff failed to support her motion with “competent medical proof of the causal connection between the [accident] and the death of the original plaintiff’ (McGuire v Small, 129 AD2d 429…