Opinion
June 15, 1998
Appeal from the Supreme Court, Queens County (Dye, J.).
Ordered that the appeal from the order dated November 10, 1997, is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated June 18, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent Cross County Federal Savings Bank is awarded one bill of costs.
The Supreme Court denied the plaintiff's motion, inter alia, for leave to serve an amended complaint. Although leave to amend is freely given pursuant to CPLR 3025 (b), when leave is sought to amend pleadings which were properly dismissed, the court must be satisfied that there are sufficient grounds to support the proposed amended pleadings (see, CPLR 3211 [e]; Hornstein v. Wolf, 67 N.Y.2d 721, 723; Ott v. Automatic Connector, 193 A.D.2d 657; Dunn v. Dunn, 162 A.D.2d 433). Here, the plaintiff has failed to disclose any evidentiary facts which would justify such relief ( see, CPLR 3211 [e]; Ott v. Automatic Connector, supra; Dunn v. Dunn, supra; Bardere v. Zafir, 63 N.Y.2d 850; Corporate Natl. Realty v. Philson Ltd., 232 A.D.2d 518). Thus, the Supreme Court did not improvidently exercise its discretion in denying that branch of the plaintiff's motion which was for leave to serve an amended complaint ( see, Lewis v. Akers, 227 A.D.2d 595, 596; S.A.E. Motor Parts Co. v. Tenenbaum, 226 A.D.2d 518, 519).
Rosenblatt, J. P., Copertino, Goldstein and Luciano, JJ., concur.