Opinion
September 19, 1994
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
In determining whether to grant leave to amend a pleading, a court must examine the underlying merit of the causes of action asserted therein, since to do otherwise would be wasteful of judicial resources (see, Wieder v. Skala, 168 A.D.2d 355). Although leave to amend a pleading is liberally granted, where, as here, the proposed amendment is patently lacking in merit, it will not be permitted and leave should be denied as a matter of law (see, Staines v. Nassau Queens Med. Group, 176 A.D.2d 718; Hauptman v. New York City Health Hosps. Corp., 162 A.D.2d 588). Mangano, P.J., Bracken, Santucci and Friedmann, JJ., concur.