Heller v. Provenzano, Inc.
New York Supreme Court, Appellate Division
303 A.D.2d 20, 756 N.Y.S.2d 26 (2003)
- Written by Steven Pacht, JD
Facts
Kenneth Heller (plaintiff) won a compensatory-damages verdict against Provenzano, Inc. and others (collectively, Provenzano) (defendants). However, the appellate division ordered a new trial due to Heller’s misconduct and the misconduct of Heller’s attorney. Heller then moved to amend his complaint to add a request for punitive damages, citing certain trial evidence that Heller contended indicated that Provenzano had engaged in gross negligence that would justify punitive damages. Provenzano opposed Heller’s request, which came six years after the initial complaint. The supreme court allowed Heller to add a claim for punitive damages. Provenzano appealed, arguing that it would be significantly damaged by the amendment. Heller responded that his amendment would entail only a new request for relief rather than the assertion of a new theory of liability and thus properly was permitted.
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
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