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Kirkland v. New York City Health, Hosp. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000
275 A.D.2d 300 (N.Y. App. Div. 2000)

Opinion

August 7, 2000.

In a medical malpractice action, the defendants Brookdale Hospital Medical Center, Kingsbrook Jewish Medical Center, and Community Family Planning Council, d/b/a United Parents Center, separately appeal from stated portions of an order of the Supreme Court, Kings County (Bellard, J.), entered July 6, 1999, which, inter alia, granted that branch of the plaintiff's motion which was to amend the complaint to assert a cause of action against them to recover damages for wrongful death. Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Santucci, J. P., S. Miller, Florio and McGinity, JJ., concur.


The Supreme Court providently exercised its discretion in granting that branch of the plaintiff's motion which was for leave to amend the complaint to assert a cause of action to recover damages for wrongful death against the appellants. Contrary to the appellants' contention, the medical proof submitted by the plaintiff sufficiently addressed the causal connection between the alleged negligence and the decedent's death ( cf., Feinberg v. Walter B. Cooke, Inc., 240 A.D.2d 623; Ludwig v. Horton Mem. Hosp., 189 A.D.2d 986).

The appellants' remaining contentions are without merit.


Summaries of

Kirkland v. New York City Health, Hosp. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000
275 A.D.2d 300 (N.Y. App. Div. 2000)
Case details for

Kirkland v. New York City Health, Hosp. Corp.

Case Details

Full title:CARRIE KIRKLAND, as Administrator of the Estate of SHAKEIBA DENNIS, Also…

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

Date published: Aug 7, 2000

Citations

275 A.D.2d 300 (N.Y. App. Div. 2000)
712 N.Y.S.2d 405