Opinion
July 28, 1986
Appeal from the Supreme Court, Kings County (Golden, J.).
Order reversed, on the law, with costs, and the plaintiff's motion denied, without prejudice to renewal on proper papers, which shall include competent medical proof of a causal connection between the alleged malpractice and the death of the plaintiff's decedent.
The physician's affidavit submitted by the plaintiff provided, in relevant part, as follows: "It is my opinion, with a reasonable degree of medical certainty, that the tumor at T3 was a substantial factor causing Mrs. Liebman's death on July 22, 1984".
The affidavit is silent as to any malpractice by the defendant, much less a causal connection between same and the plaintiff's decedent's death (see, Amsler v Verrilli, 119 A.D.2d 786). Therefore, the granting of leave to amend the complaint predicated upon this affidavit was improper (see, Ortiz v Bono, 101 A.D.2d 812; Wood v Southside Hosp., 45 A.D.2d 1052; Robbins v Healy, 35 A.D.2d 850). Bracken, J.P., Kunzeman, Kooper and Spatt, JJ., concur.