RINKER v. OBEROI


275 A.D.2d 1000 (2000)

715 N.Y.S.2d 201

NORINE RINKER, Respondent, v. TEJBIR OBEROI, Appellant.

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

Decided September 29, 2000.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted plaintiff's motion to amend the complaint to add causes of action for fraud and to amend the ad damnum clause to add a claim for punitive damages. "In the absence of prejudice to the nonmoving party and where the amendment is not `plainly lacking in merit' (Sabol & Rice v Poughkeepsie Galleria Co., 175 A.D.2d 555, 556), leave to amend pleadings should be `freely given' (CPLR 3025 [b])" (Silvin v Karwoski, 242 A.D.2d 945). Defendant failed to show that he would be prejudiced by the amendment, and plaintiff made a sufficient showing that the causes of action for fraud and the claim for punitive damages are not plainly lacking in merit. Plaintiff further showed that the causes of action for fraud are separate and distinct from those alleging dental malpractice (see, Simcuski v Saeli, 44 N.Y.2d 442, 453-454; Howe v Ampil, 185 A.D.2d 520, 521).


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases