GLORIOSO v. DeBLASIO

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.