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BANKERS TRUST CO. v. CUSUMANO

177 A.D.2d 450 (1991)

Bankers Trust Company, Respondent, v. Benjamin Cusumano, Individually and as Executor of Mattie L. Cusumano, Deceased, Appellant, Millicent L. C. Hogan et al., Respondents, and Bankers Trust New York Corporation et al., Counterclaim Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 26, 1991

Leave to amend may be denied where the proposed amendment is palpably insufficient as a matter of law. (Bank Leumi Trust Co. v D'Evori Intl., 163 A.D.2d 26, 28.) Appellant's proposed amendment increasing the ad damnum clauses of his pleadings so as to reflect accretion to decedent's account from date of death to the present is palpably without merit, since paragraph 7.7 of the plan expressly limits the distribution, upon death...

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