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NORWALK v. J.P. MORGAN & CO., INCORPORATED

300 A.D.2d 373 (2002)

751 N.Y.S.2d 411

ELLIOTT NORWALK et al., Appellant, v. J.P. MORGAN & CO., INCORPORATED, Respondent.

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

Decided December 9, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly denied that branch of the plaintiff's motion which was for leave to amend the complaint to add a cause of action to impose a constructive trust on shares of stock formerly owned by his mother. The stock was erroneously escheated to the State of New York by the defendant and sold by the state. According to the plaintiff,...

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