From Casetext: Smarter Legal Research

Collura v. Good

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1997
243 A.D.2d 441 (N.Y. App. Div. 1997)

Opinion

October 6, 1997

Appeal from the Supreme Court, Nassau County (Burke, J.).


Ordered that the order is reversed insofar as appealed from, with one bill of costs payable by the respondents appearing separately and filing separate briefs, and the plaintiffs' motion is granted.

The Supreme Court improvidently exercised its discretion in denying the plaintiffs' motion for leave to amend the complaint to assert a cause of action to recover damages for wrongful death. The motion was adequately "supported by competent medical proof of the causal connection between the alleged negligence and the death of the original plaintiff" ( Kordonsky v. Andrst, 172 A.D.2d 497, 498; see, Harris v. St. John's Episcopal Hosp., 202 A.D.2d 392; Sweeney v. Henry F. Gardstein, Jr., M.D., P.C., 160 A.D.2d 1002; Buono v. Victory Mem. Hosp., 151 A.D.2d 633).

Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.


Summaries of

Collura v. Good

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1997
243 A.D.2d 441 (N.Y. App. Div. 1997)
Case details for

Collura v. Good

Case Details

Full title:JACK COLLURA, as Executor of JANICE MANZELLA, Deceased, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 6, 1997

Citations

243 A.D.2d 441 (N.Y. App. Div. 1997)
665 N.Y.S.2d 276

Citing Cases

Rubick v. Atkins

As a general rule, leave to amend a pleading is freely granted (CPLR 3025 [b]; see Siegel, NY Prac § 237 [3d…

Rubick v. Atkins

As a general rule, leave to amend a pleading is freely granted (CPLR 3025[b]; see Siegel, N.Y. Prac, § 237…