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Please can a New York attorney answer this question regarding personal injury.

Troy, NY |

I filed a cause of action under §2-314 Implied Warranty: Merchantability; Usage of Trade under (c). Complaint was filed within the four year statute of limitations. One week from today the judge has scheduled a pretrial conference. My complaint contains factual allegations of injuries supported by proper medical records (treating physician / expert) including: Defendant sold defective products without proper warning label to retail stores in the state of New York, and continue to commit the tortuous acts as affirmed by the factual allegations contained in this complaint
Within my complaint this is the only time that I mentioned tort. Question: Is it necessary to file a motion for leave to amend complaint for tort? Or, is tort an element of the breach of warranty, and therefore there is no need to file an amendment to the complaint filed against the defendant in the state of New York?

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Attorney answers 4


Are you a lawyer? If not, are you representing yourself?


This question is dependent on all the facts. You should consult with an attorney.


You need to consult with an attorney. There are volumes of material on products cases. To adequately address your question is impossible in a simple posting.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


Products liability cases are very difficult and expensive. Consult with a lawyer immediately.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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