Opinion
2002-10656
Argued May 16, 2003.
June 9, 2003.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 23, 2002, as denied its motion for leave to amend the complaint.
Brinton January, White Plains, N.Y. (Robert L. Brinton, Clayton S. Byrne and Derick C. January of counsel), for appellant.
DelBello, Donnellan, Weingarten, Tartaglia, Wise Wiederkehr, LLP, White Plains, N.Y. (Jeffrey F. Kebrdle II and Lee S. Wiederkehr of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to amend the complaint to add multiple causes of action. While generally leave to amend should be freely given (see CPLR 3025[b]), there must be a proper basis for granting the motion. Here, the plaintiff failed to demonstrate that the proposed amendment had merit (see Heckler Elec. Co. v. Matrix Exhibits-N.Y., 278 A.D.2d 279; Sharapata v. Town of Islip 82 A.D.2d 350, 362, affd 56 N.Y.2d 332).
ALTMAN, J.P., FLORIO, ADAMS and RIVERA, JJ., concur.