WING WONG REALTY v. FLINTLOCK CONST

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) 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. Co. v American Home Prods. Corp., 75 NY2d 196, 200 [internal quotation marks and citation omitted]).