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KAPLAN v. SPARKS

192 A.D.2d 1119 (1993)

596 N.Y.S.2d 279

Joseph A. Kaplan, as Limited Administrator of The Estate of Joseph J. Kaplan, Deceased et al., Appellants, v. Paul Sparks et al., Respondents

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

April 14, 1993

Order unanimously 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...

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