Lanzi v. Brooks (43 N.Y.2d 947, 1978)

Return of remittitur requested and, when returned, it will be amended by adding thereto the following: "This determination is without prejudice to an application by appellant to Supreme Court for leave to serve an amended complaint, such application to include a copy of the proposed amended complaint accompanied by a disclosure of the evidentiary facts which would support the claim set forth in the proposed amended complaint and would justify the granting of such leave (cf. CPLR 3211, subd [d]).” [See 43 NY2d 778.]