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CASSATA v. NEW YORK NEW ENGLAND EXCHANGE

304 A.D.2d 371 (2003)

756 N.Y.S.2d 845

JOSEPH CASSATA et al., Appellants, v. NEW YORK NEW ENGLAND EXCHANGE, Respondent.

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

Decided April 8, 2003.

The motion court properly denied plaintiffs' motion for leave to amend their complaint seeking damages for trespass to add a claim for punitive damages since the proposed amendment was palpably insufficient as a matter of law (see Davis & Davis v Morson, 286 A.D.2d 584 [2001]). Plaintiffs made no showing that the trespass at issue was maliciously motivated (see Shiffman v Empire Blue Cross & Blue Shield,

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