From Casetext: Smarter Legal Research

Smith v. Tyras

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1999
265 A.D.2d 217 (N.Y. App. Div. 1999)

Opinion

October 19, 1999

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about June 30, 1998, which, in an action for medical malpractice, granted plaintiffs' motion to vacate their default in appearing for a compliance conference, and to amend the complaint so as to allege a cause of action for wrongful death, unanimously affirmed, without costs.


The merit of plaintiffs' causes of action was amply demonstrated by the sworn affidavit of a physician clearly qualified to opine on the standards of care that defendants should have provided to the decedent, which affidavit clearly explained how defendants' departures from those standards contributed to the decedent's death. We have considered defendants' other arguments and find them to be without merit.

SULLIVAN, J.P., NARDELLI, WILLIAMS, MAZZARELLI, ANDRIAS, JJ.


Summaries of

Smith v. Tyras

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1999
265 A.D.2d 217 (N.Y. App. Div. 1999)
Case details for

Smith v. Tyras

Case Details

Full title:JEANNETTE H. SMITH, etc., et al., Plaintiffs-Respondents, v. DENIS HOWARD…

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

Date published: Oct 19, 1999

Citations

265 A.D.2d 217 (N.Y. App. Div. 1999)
696 N.Y.S.2d 154

Citing Cases

Rubick v. Atkins

medical proof of the causal connection between the alleged [malpractice] and the death of the original…

Rubick v. Atkins

e and the death of the original plaintiff" (Collura v. Good, 243 A.D.2d 441, 441 [2d Dept. 1997]; McGuire v.…