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Scotto v. Scotto

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 602 (N.Y. App. Div. 1988)

Opinion

May 23, 1988

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


Ordered that the order is affirmed, with costs.

The medical affidavit submitted by the plaintiff constituted competent medical proof of the causal connection between the alleged negligence of the defendant Berry and the death of Santo Scotto. Accordingly, the Supreme Court, Kings County, did not improvidently exercise its discretion in granting the plaintiff's motion to amend the complaint by adding a cause of action sounding in wrongful death (see, Douglas v New York City Tr. Auth., 91 A.D.2d 1057; cf., Ortiz v Bono, 101 A.D.2d 812). Mangano, J.P., Thompson, Sullivan and Harwood, JJ., concur.


Summaries of

Scotto v. Scotto

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 602 (N.Y. App. Div. 1988)
Case details for

Scotto v. Scotto

Case Details

Full title:AMALIA SCOTTO, Individually and as Administratrix of the Estate of SANTO…

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

Date published: May 23, 1988

Citations

140 A.D.2d 602 (N.Y. App. Div. 1988)

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