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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