Opinion
October 31, 2000.
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered June 8, 1999, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion to amend the complaint so as to add a cause of action for wrongful death, unanimously affirmed, without costs.
Matthew Gaier, for plaintiffs-respondents.
James P. Tenney, for defendants-appellants.
Before: Nardelli, J.P., Williams, Mazzarelli, Andrias, Saxe, JJ.
The motion was properly granted upon plaintiff's physician's affidavit, redacted as presented to defendants to delete the physician's name and signature but not redacted as presented to the motion court, stating that death was due to brain damage caused by the very same premature extubation alleged in the originally pleaded causes of action for malpractice and lack of informed consent (see, Zuck v. Sierp, 169 A.D.2d 717; compare, McGuire v. Small, 129 A.D.2d 429). We note that the brain damage alleged is consistent with the death certificate (compare, McGuire v. Small, id.). We have considered and rejected defendants-appellants' other contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.