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HELLER v. LOUIS PROVENZANO, INC.

303 A.D.2d 20 (2003)

756 N.Y.S.2d 26

KENNETH HELLER, Respondent, v. LOUIS PROVENZANO, INC., et al., Appellants.

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

February 25, 2003.

Attorney(s) appearing for the Case

Kenneth Heller, respondent pro se (Brian Isaac on the brief; Keith DeVries, attorney), for respondent.

Barbara DeCrow Goldberg of counsel (Timothy R. Capowski, Kenneth Mauro and Matthew W. Naparty on the brief; Mauro Goldberg & Lilling, LLP and Marshall Conway & Wright, attorneys), for appellants.

NARDELLI, J.P., SAXE and ROSENBERGER, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This is an appeal in an action for personal injuries from the grant of a motion to amend the complaint, made more than six years after the commencement of the action, to assert a claim for punitive damages.

On January 3, 1990, the then 60-year-old plaintiff, an attorney, tripped and fell as he exited a freight elevator in a parking garage at 34 Leonard Street in Manhattan, sustaining, as a result, multiple fractures...

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