Opinion
2001-08550
Argued December 9, 2002.
January 13, 2003.
In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (O'Connell, J.), entered August 24, 2001, which denied its motion for leave to serve an amended complaint and granted the defendant's cross motion for summary judgment dismissing the complaint.
Jules A. Epstein, P.C., Westbury, N.Y., for appellant.
Pryor Cashman Sherman Flynn, New York, N.Y. (Joseph Z. Epstein of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion for leave to amend the complaint. While leave to amend a pleading pursuant to CPLR 3025(b) generally is liberally granted, such leave will be denied where, as here, the proposed pleading is devoid of merit (see Silverite Constr. Co. v. Town of N. Hempstead, 285 A.D.2d 456; Leszczynski v. Kelly McGlynn, 281 A.D.2d 519).
In opposition to the defendant's prima facie showing of entitlement to judgment in its favor as a matter of law, the plaintiff failed to establish the existence of a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557).
ALTMAN, J.P., S. MILLER, ADAMS and MASTRO, JJ., concur.