Krellenstein v. Fieldcrest Mills, Inc.

OPINION OF THE COURT

Herman Cahn, J.

Plaintiff moves for an order permitting him to serve an amended complaint pursuant to CPLR 3025 and 203, to add a claim for property damage.

The complaint alleges that on November 24, 1980, an electric blanket then being used by plaintiff caused a fire at his premises. Defendants are the manufacturer and retailer of the electric blanket. In the complaint, plaintiff seeks damages for personal injury and punitive damages. He seeks now to add a claim for property damages as a subrogor.

Defendants assert that the second cause of action (for punitive damages) has…