Justin v. Orshan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated April 14, 2003, as denied her motion for leave to amend the complaint to add Arthur Trust as an additional defendant, serve a supplemental summons and amended verified complaint, and amend the caption of this action.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs contention that CPLR 1024 applies under the circumstances of this case was improperly raised for the…
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