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COWSERT v. MACY'S EAST, INC.

507941.

74 A.D.3d 1444 (2010)

904 N.Y.S.2d 239

KIRIAN COWSERT, Individually and as Parent and Guardian of ELIA COWSERT, an Infant, Appellant, v. MACY'S EAST, INC., et al., Respondents.

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

Decided June 3, 2010.

Malone Jr., J.

Plaintiff commenced this personal injury action seeking damages for injuries sustained by her infant daughter on an escalator in a store owned by defendant Macy's East, Inc. Plaintiff thereafter moved to amend the second amended complaint to add a claim of gross negligence and a demand for punitive damages. Although Supreme Court found that defendants would not be prejudiced by the amendment, it found that defendants' conduct did not rise to the level...

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