Opinion
Submitted May 5, 2000.
July 26, 2000.
In an action, inter alia, to recover damages for mental anguish arising from the mishandling of a corpse, the defendant Long Island Jewish Medical Center appeals from so much of an order of the Supreme Court, Queens County (Dye, J.), dated July 9, 1999, as granted the plaintiffs' motion for leave to amend the complaint pursuant to CPLR 3025(b) to include a claim for punitive damages against it.
Thurm Heller, New York, N.Y. (Kevin D. Porter and Shelly L. Baldwin of counsel), for appellant.
Shaw, Licitra, Bohner, Esernio Schwartz, P.C., Garden City, N Y (Roberta L. McManus of counsel), for respondents.
Before: THOMAS R. SULLIVAN, J.P., SONDRA MILLER, ANITA R. FLORIO, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly exercised its discretion in granting the plaintiffs leave to amend their complaint to include a claim for punitive damages against the defendant Long Island Jewish Medical Center (see, Aponte v. Brentwood Union Free School Dist., 270 A.D.2d 295 [2d Dept., Mar. 13, 2000]; Cardozo v. Midway Motor Hotel, 251 A.D.2d 442; Everything Discount v. Graham Raflico Assocs, 202 A.D.2d 389).