Lipschutz v. St. Paul Fire & Marine Insurance , 247 N.Y.S.2d 1000 ( 1964 )

—Order entered on December 4, 1963, denying plaintiffs’ motion for leave to amend the complaint unanimously affirmed, without costs. The matter sought to be pleaded in the amended complaint asserts no new facts and is merely a eonclusory allegation, claimed to flow from the facts already pleaded in paragraphs twelfth and fourteenth of the original complaint. Concur — Botein, P. J., Valente, McNally, Stevens and Eager, JJ.