Dos Santos v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about December 18, 1997, which, inter alia, denied plaintiffs’ motion to amend their pleadings, unanimously affirmed, without costs.

The motion court properly denied the motion to amend since the proposed amendment was utterly without merit (see, Hill v Giuliani, 249 AD2d 28; Frost v Monter, 202 AD2d 632; Camelot Graphics v Ellis, 178 AD2d 375; see also, Sirohi v Lee, 222 AD2d 222). Notwithstanding the passage of some four and one-half years since plaintiffs’ decedent was found dead upon subway tracks, plaintiffs…