TOMASINO v. AMERICAN TOBACCO COMPANY


57 A.D.3d 652 (2008)

871 N.Y.S.2d 180

JUSTIN D. TOMASINO, Respondent, v. AMERICAN TOBACCO COMPANY et al., Defendants, and LORILLARD TOBACCO COMPANY et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

December 9, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the appellants' motions which were for leave to amend their respective answers to assert the defense of res judicata with respect to the plaintiff's punitive damages claims are granted, and the proposed amended answers are deemed served.

Leave to amend an answer to assert an affirmative defense generally should be granted where the proposed amendment is neither palpably...

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