Kaplan v. Sparks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unani*1120mously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this wrongful death action, plaintiffs moved for leave to amend their complaint to assert a claim for, inter alia, punitive damages and a cause of action for loss of consortium. That motion was denied. Absent prejudice or surprise, leave to amend should be freely granted (CPLR 3025 [b]; see, e.g., Kusak v Allstate Ins. Co., 190 AD2d 1050).
With respect to plaintiffs’ claim for punitive damages, defendants have demonstrated neither prejudice nor surprise. Moreover,…
2Cases cited6 opinions
- Liff v. SchildkroutNew York Court of Appeals · 1980
- Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991
- Gill v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Sweeney v. McCormickAppellate Division of the Supreme Court of the State of New York · 1990
- Knibbs v. WagnerAppellate Division of the Supreme Court of the State of New York · 1961
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3Cited by8 opinions
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- Pchelka v. Loomis-Root, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Abate v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2021
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