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Mahoney v. Sharma

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1985
110 A.D.2d 627 (N.Y. App. Div. 1985)

Opinion

April 1, 1985

Appeal from the Supreme Court, Kings County (Dowd, J.).


Order reversed, insofar as appealed from, without costs or disbursements, and motion denied, insofar as it seeks leave to amend the complaint to add a cause of action for wrongful death, without prejudice to renewal upon proper papers which shall include competent medical proof of the causal connection between the alleged negligence and the death of the original plaintiff.

Absent competent medical proof of the causal connection between the alleged negligence and the death of the original plaintiff, the granting of leave to amend the complaint constituted an improvident exercise of discretion ( see, Fiorentino v. Cobble Hill Nursing Home, 101 A.D.2d 825; Ortiz v. Bono, 101 A.D.2d 812; Smith v. Hellman, 57 A.D.2d 566; Wood v. Southside Hosp., 45 A.D.2d 1052). Thompson, J.P., Bracken, O'Connor and Weinstein, JJ., concur.


Summaries of

Mahoney v. Sharma

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1985
110 A.D.2d 627 (N.Y. App. Div. 1985)
Case details for

Mahoney v. Sharma

Case Details

Full title:WILLIAM MAHONEY, as Administrator of the Estate of GEORGE MAHONEY…

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

Date published: Apr 1, 1985

Citations

110 A.D.2d 627 (N.Y. App. Div. 1985)

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