In this medical malpractice action, plaintiffs' proposed amendment to their complaint to include, under their previously asserted cause of action for lack of informed consent, a claim for punitive damages, was not, given the deposition testimony of plaintiff and defendant doctor, plainly without merit and, accordingly, amendment of the complaint to include the claim for punitive damages was properly permitted (see, Atherton v 21 E. 92nd St. Corp.,
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DAHLKE v. FRANKEL
267 A.D.2d 54 (1999)
699 N.Y.S.2d 683
LOIS DAHLKE et al., Respondents, v. VICTOR H. FRANKEL et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided December 9, 1999.
Decided December 9, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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