Can judge deny the amended pleadings even if it relates back to the original ones?
December 10, 2014
I found CPRL(203) f which supports my theory, I did not use this CPRL ,but only pointed out the connection between the original complaint and the amended one . Still the defense closed their eyes on the original complaint and was able to oppose and say it was a new and meritless additions that are surprising to the defendant. And the judge denied the motion. I don't feel that it is new theories. They just rose to the new level with the new proof I discovered. As a result of the judges decision I lost the opportunity to demand Punitive damages as he dismissed so called new theories.
Does this CPRL control judges wide discretion in medical malpractice cases?
If I show the court that
Clearly, the judge did not find facts properly alleged to support a punitive damages claim.
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