Opinion
August 29, 1994
Appeal from the Supreme Court, Queens County (Smith, J.).
Ordered that the appeals by Michael Benton and Medidenta International, Inc., are dismissed as academic, as they have settled the action pursuant to a stipulation of settlement; and it is further,
Ordered that the appeal by Fred H. Marcus from so much of the order dated August 19, 1993, as denied his motion to reargue is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the orders are affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs, payable by the appellant Fred H. Marcus.
Leave to amend a complaint should be freely granted absent prejudice to the opposing party (see, CPLR 3025 [b]), unless the amendment is devoid of merit. In this case, the petitioner states a cognizable claim against the appellant to recover damages for legal malpractice and breach of fiduciary duty. Therefore, leave to amend was properly granted. Rosenblatt, J.P., Miller, Ritter and Santucci, JJ., concur.