Legal Opinion

Kaplan v. Sparks

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1993PublishedCited by 8 opinions

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

  1. Liff v. SchildkroutNew York Court of Appeals · 1980
  2. Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991
  3. Gill v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1954
  4. Sweeney v. McCormickAppellate Division of the Supreme Court of the State of New York · 1990
  5. Knibbs v. WagnerAppellate Division of the Supreme Court of the State of New York · 1961

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3Cited by8 opinions

  1. Dever v. DeVitoAppellate Division of the Supreme Court of the State of New York · 2011
  2. Acker v. GarsonAppellate Division of the Supreme Court of the State of New York · 2003
  3. Hinckley v. CSX Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Pchelka v. Loomis-Root, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Abate v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2021

3 more not listed; retrieve them via the Exa API.

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