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Harris v. St. John's Episcopal Hospital

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 392 (N.Y. App. Div. 1994)

Opinion

March 7, 1994

Appeal from the Supreme Court, Queens County (Rutledge, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The Supreme Court did not improvidently exercise its discretion in granting the plaintiffs' motion for reargument, and upon reargument, granting leave to amend the complaint to add a cause of action to recover damages for wrongful death. The physician's affidavit sufficiently set forth a causal connection between the alleged malpractice and the decedent's death (see, Kordonsky v Andrst, 172 A.D.2d 497; Buono v. Victory Mem. Hosp., 151 A.D.2d 633; cf., Sweeney v. Henry F. Gardstein, Jr., M.D., P.C., 160 A.D.2d 1002). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.


Summaries of

Harris v. St. John's Episcopal Hospital

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 392 (N.Y. App. Div. 1994)
Case details for

Harris v. St. John's Episcopal Hospital

Case Details

Full title:ANNIE F. HARRIS, as Executrix of ELOUISE LIDE, Deceased, et al.…

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

Date published: Mar 7, 1994

Citations

202 A.D.2d 392 (N.Y. App. Div. 1994)
608 N.Y.S.2d 685

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