Opinion
May 28, 1996
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is affirmed, with costs.
Although leave to amend pleadings should be freely given absent prejudice to the opposing party ( see, CPLR 3025 [b]; Edenwald Contr. Co. v. City of New York, 60 N.Y.2d 957; Thailer v. LaRocca, 174 A.D.2d 731), such a motion should be denied where the proposed amendment is totally devoid of merit ( see, Zabas v. Kard, 194 A.D.2d 784). Because the conduct alleged in the proposed amended complaint does not establish a claim for treble damages under Judiciary Law § 487, the Supreme Court properly denied the plaintiff's motion. Balletta, J.P., Miller, Joy and Altman, JJ., concur.