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FERGUSON v. KANE

155 A.D.2d 903 (1989)

John Ferguson, Individually and as Parent and Natural Guardian of Kenneth Ferguson, an Infant, Appellant, v. Leo Kane et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1989

Order insofar as appealed from unanimously reversed on the law with costs and plaintiff's motion granted.

Memorandum:

Supreme Court erred in denying plaintiff leave to serve an amended complaint containing an additional derivative claim on behalf of the father of the infant plaintiff. Since the original complaint gave notice of the transactions and occurrences to be proved pursuant to the amended pleading, the father's additional derivative claim is not time...

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