Silvin v. Karwoski, 242 A.D.2d 945 (N.Y. App. Div. 4th Dep't 1997). · Go Syfert
Silvin v. Karwoski, 242 A.D.2d 945 (N.Y. App. Div. 4th Dep't 1997). Cases Citing This Book View Copy Cite
14 citation events (7 in the last 25 years) across 1 distinct court.
Cited for
At page 945 Order unanimously affirmed with costs. Memorandum: In the absence of prejudice to the nonmoving party and where the amendment is not “plainly lacking in merit”…1 citing caseopening of page *945 (no citing court says what it cites this page for)
  • Pioneer Ins. v. Griffith Oil Co., 267 A.D.2d 945 (N.Y. App. Div. 4th Dep't 1999).published 2 cites
    Because the location of the pump is unknown, defendant would be prejudiced if plaintiff were permitted to allege that the pump was the cause of the leak (see, Silvin v Karwoski, supra, at 945).
Retrieving the full opinion text from the archive…
Jeri S. A. Silvin
v.
Sharon M. Karwoski
Appellate Division of the Supreme Court of the State of New York.
Sep 30, 1997.
Published opinion
242 A.D.2d 945
1997 N.Y. App. Div. LEXIS 10545
Cited by 10 opinions  |  Published

Order unanimously affirmed with costs. Memorandum: In the absence of prejudice to the nonmoving party and where the amendment is not “plainly lacking in merit” (Sabol & Rice v Poughkeepsie Galleria Co., 175 AD2d 555, 556), leave to amend pleadings should be “freely given” (CPLR 3025 [b]). In light of the facts that defendant, who had a serious long-term alcohol problem, drove her automobile at the time of the accident with a blood alcohol level of .23%; was staggering and needed support to walk when the police arrived; and, by her own admission, drove her automobile when she knew that she was too intoxicated to do so, it cannot be said that plaintiffs’ proposed amendment seeking punitive damages is lacking in merit (see, Rinaldo v Mashayekhi, 185 AD2d 435, 436). Further, defendant failed to show that she would be prejudiced by the amendment. “Prejudice * * * is not found in the mere exposure of the defendant to greater liability” (Loomis v Civetta Corinno Constr. Corp., 54 NY2d 18, 23, rearg denied 55 NY2d 801).

[*946] 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. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J.—Amend Pleading.) Present—Lawton, J. P., Wisner, Boehm and Fallon, JJ.