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CARSELLI-KALIA v. SUNBEAM CORPORATION

4 A.D.3d 871 (2004)

771 N.Y.S.2d 462

MARY ELLEN CARSELLI-KALIA, Individually and as Executrix of NARANDRA N. KALIA, Deceased, Respondent, v. SUNBEAM CORPORATION, Appellant, et al., Defendant.

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

February 11, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Although Sunbeam Corporation (defendant) is correct that a separate cause of action for punitive damages does not lie (see Weir Metro Ambu-Service v Turner, 57 N.Y.2d 911 [1982]), here plaintiff sought leave to serve an amended complaint to interpose a cause of action for gross negligence, which...

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