Legal Opinion

Hunter v. Galland

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2007Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 23, 2006. The order, among other things, denied plaintiffs motion for leave to amend the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied plaintiffs motion for leave to amend the complaint to add a claim for punitive damages “where[, as here,] the proposed amendment is palpably without merit” (Thone v Crown Equip. Corp., 27 AD3d 723, 724 [2006]). “ ‘Punitive damages are warranted where…

2Cases cited6 opinions

Home Insurance v. American Home Products Corp.New York Court of Appeals · 1990
Thone v. Crown Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 2006
Hale v. Odd Fellow & Rebekah Health Care FacilityAppellate Division of the Supreme Court of the State of New York · 2003
Gauger v. GhaffariAppellate Division of the Supreme Court of the State of New York · 2004
Bixler v. Buckeye Pipe Line Co.Appellate Division of the Supreme Court of the State of New York · 2003

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