District Court, S.D. New York September 2, 2003, No. 02 CV 9859(MP) (Donovan v. American Skandia Life Assurance Corp.)
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United States · · · 02-09-2003
ON MOTION TO ALTER JUDGMENT AND AMEND COMPLAINT
POLLACK, Senior District Judge.
DECISION AND ORDER
Where a proposed amended complaint cannot itself survive a motion to dismiss, leave to amend would be futile and may clearly be denied. See In re American Exp. Co. Shareholder Litig., 39 F.3d 395, 402 (2d Cir.
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