| Wing Wong Realty Corp. v Flintlock Constr. Servs., LLC |
| 2010 NY Slip Op 02073 [71 AD3d 537] |
| March 18, 2010 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Wing Wong Realty Corp., Appellant, v Flintlock Construction Services, LLC, et al., Respondents, et al., Defendant. (And a Third-Party Action.) |
—[*1]
Rubin, Fiorella & Friedman, LLP, New York (Paul Kovner of counsel), for Flintlock
Construction Services, LLC and Well-Come Holdings, Inc., respondents.
Babchik & Young LLP, White Plains (Siobhan Healy of counsel), for Roman Sorokko and
Versatile Consulting & Testing Services, Inc., respondents.
Milber Makris Plousadis & Seiden, LLP, White Plains (Thomas H. Kukowski of counsel),
for John S. Deerkoski, P.E. & Associates, Inc. and Deerkoski Engineering, P.C.,
respondents.
Order, Supreme Court, New York County (Debra A. James, J.), entered February 19, 2009, which denied plaintiff's 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 would support a finding that defendants' conduct evinced a "conscious disregard of the rights of others or [was] so reckless as to amount to such disregard" (Home Ins. [*2]Co. v American Home Prods. Corp., 75 NY2d 196, 200 [1990] [internal quotation marks and citation omitted]). Concur—Mazzarelli, J.P., Saxe, Nardelli, Abdus-Salaam and RomÁn, JJ.