Mortka v. K-Mart Corp.

Appeal from an order of the Supreme Court (Lynch, J.), entered November 9, 1994 in Schenectady County, which denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiffs’ cross motion to amend the complaint.

Based upon allegations that plaintiff Alfred Mortka was injured by a defective product which he purchased from defendant retailer, plaintiffs commenced this action to recover damages for Mortka’s personal injuries and his wife’s derivative loss. The complaint sought recovery on the basis of a negligence theory only. After issue was joined and discovery was…