Clarkin v. Staten Island University Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries based on medical malpractice, the defendant appeals from an order of the Supreme Court, Richmond County (Cusick, J.), entered November 12, 1996, which denied its motion for leave to amend its answer to add the affirmative defense of culpable conduct on the part of the plaintiff Donald Clarkin.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the defendant’s motion for leave to amend its answer to assert the affirmative defense of culpable conduct on the part of the plaintiff…
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