ORDERED that the judgment is affirmed, with costs.
The parties stipulated that the plaintiff was entitled to recover $50,000, representing damages incurred through April 22, 1987. However, the Supreme Court properly denied the plaintiff's application for leave to amend the complaint to include a claim for damages allegedly incurred after April 22, 1987. Leave to amend a pleading should be denied where, as here, the proposed amendment is devoid of merit (see, Fucci v. Shellfish, Inc., 277 A.D.2d 280; Tarantini v. Russo Realty Corp., 273 A.D.2d 458; Fandy Corp. v. Lung-Fong Chen, 265 A.D.2d 450).
The plaintiff's remaining contentions are not properly raised on this appeal.
SANTUCCI, J.P., GOLDSTEIN, FLORIO and CRANE, JJ., concur.
Motion by the respondent, inter alia, to dismiss so much of an appeal from a judgment of the Supreme Court, Nassau County, entered May 2, 2000, as purportedly raises issues raised on a prior appeal. By decision and order of this court dated April 27, 2001, that branch of the motion which was to dismiss those portions of the appeal was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the argument of the appeal, it is,
ORDERED that the motion is denied. No issues previously determined by this court have been considered in the determination of this appeal (see, Silverite Constr. Co., Inc. v. Town of N. Hempstead, A.D.2d [decided herewith]).
SANTUCCI, J.P., GOLDSTEIN, FLORIO and CRANE, JJ., concur.