Opinion
June 19, 1989
Appeal from the Supreme Court, Kings County (Monteleone, J.).
Ordered that the order is affirmed, with one bill of costs.
We find that the Supreme Court did not improvidently exercise its discretion in granting the plaintiffs' motion for reargument to correct a misapprehension of law as to the Statute of Limitations and then, upon reargument, granting leave to amend the complaint to add a cause of action to recover damages for wrongful death. The physician's affidavit of merit sufficiently set forth a causal connection between the alleged malpractice and the decedent's death (see, Ullrich v. Rocking Horse Ranch, 138 A.D.2d 372; Vialva v. City of New York, 118 A.D.2d 701). Thompson, J.P., Kunzeman, Eiber and Balletta, JJ., concur.