Wagner v. Variano

In an action to recover damages for conversion and to impose a constructive trust, the plaintiff appeals, as limited by her brief, from so much of an *428order of the Supreme Court, Westchester County (DiBlasi, J.), dated August 4, 1997, as denied those branches of her cross motion which were for leave to increase the ad damnum clause of the complaint and to amend the second cause of action.

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

The plaintiff failed to offer competent proof showing that the amount of money alleged to have been converted is greater than the amount…