Pagan v. Quinn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Doyle, J.), entered March 26, 2007 in Albany County, which denied plaintiffs motion for leave to amend the complaint.
Plaintiff commenced this medical malpractice action in June 2004 seeking to recover for injuries allegedly sustained in January 2002 when defendant surgically removed a rod previously inserted to stabilize a fracture to plaintiff’s leg. Following joinder of issue and discovery, defendant served an amended answer amplifying an affirmative defense asserted in the original answer. This, in turn, prompted plaintiff to serve an amended…
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