Harris Sanders Et Al. v. Max Schiffer Et Al‪.‬

[39 N.Y.2d 727 Page 729] Memorandum. The order of the Appellate Division should be modified. The granting of the motions to dismiss the complaint and to cancel the associated notice of pendency should be affirmed. Such affirmance, however, is without prejudice to the right of appellants, if they be so advised, to apply at Special Term for leave to serve an amended complaint, notwithstanding that they failed to state a desire to plead again in their opposing papers and that they do not urge such disposition now. On such application, if any, a copy of the proposed amended complaint shall be submitted to the court, accompanied by a disclosure of the evidentiary facts which would support the claim or claims set forth in the proposed amended complaint and will justify the granting of such leave (CPLR 3211, subd [e]).