Pchelka v. Loomis-Root, Inc.

—Cross appeal unanimously dismissed (see, Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985) and order affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiffs leave to amend the complaint to assert a claim for punitive damages against defendant Hennessey, Inc. (Hennessey). Plaintiffs’ punitive damages claim does not constitute an independent cause of action but instead implicates the same factual circumstances as those that form the predicate of the original complaint (see, Jan Sparka Travel v Hamza, 182 AD2d 1067, 1068). "It will be for the…