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SILVIN v. KARWOSKI
Appellate Division of the Supreme Court of New York, Fourth Department.
Sep 30, 1997
Contrary to defendant's contention, when the action was commenced, plaintiffs were not aware of the facts underlying their claim for punitive damages (i.e., the extent and nature of defendant's alcohol problem). Plaintiffs offered a good and sufficient reason for bringing their motion to amend after the deposition was held, at which time they first became aware of defendant's history of alcoholism and the full extent of defendant's disability on the day of the accident.
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