Practice point: Leave to amend a complaint will be freely granted if the proposed amendment will not prejudice or surprise the defendant, is not patently devoid of merit, and is not plainly insufficient, pursuant to CPLR 3025[b].
Students should note that punitive damages are recoverable in a medical malpractice action only where defendant's conduct evinces a high degree of moral culpability or willful or wanton negligence or recklessness.
Case: Dmytryszyn v. Herschman, NY Slip Op 08893 (2d Dept. 2010)
Here is the decision.
