Nowak v. Sherman

Order reversed on the law with costs and motion granted. Memorandum: Supreme Court erred in denying plaintiffs motion to serve an amended complaint and supplemental bill of particulars to add a cause of action for wrongful *844death. The action arises from a motor vehicle accident. The original complaint alleges that Mary Nowak was seriously injured when the vehicle in which she was riding was struck in the rear by a vehicle owned and operated by defendant Peter Sherman. In the original complaint Mrs. Nowak alleged that her injuries resulted from a design defect in her car and from Mr. Sherman’s…