Opinion
November 15, 1993
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the order is affirmed, with costs.
Because the proposed amendments to the complaint were totally devoid of merit, the Supreme Court properly denied the plaintiffs' motion to amend the complaint (see, Zabas v Kard, 194 A.D.2d 784; Sharapata v Town of Islip, 82 A.D.2d 350, 362, affd 56 N.Y.2d 332). The plaintiffs improperly attempted to base their motion entirely on the existence of an alleged oral modification of the parties' written agreement in contravention of General Obligations Law § 15-301 (1). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.