Cowsert v. Macy's East, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from an order of the Supreme Court (Caruso, J.), entered June 25, 2009 in Schenectady County, which denied plaintiff’s motion for leave to amend the complaint.
Plaintiff commenced this personal injury action seeking damages for injuries sustained by her infant daughter on an escalator in a store owned by defendant Macy’s East, Inc. Plaintiff thereafter moved to amend the second amended complaint to add a claim of gross negligence and a demand for punitive damages. Although Supreme Court found that defendants would not be prejudiced by the amendment, it found that defendants’ conduct did…
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