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Ullrich v. Rocking Horse Ranch, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1988
138 A.D.2d 372 (N.Y. App. Div. 1988)

Opinion

March 7, 1988

Appeal from the Supreme Court, Suffolk County (Gerard, J.).


Ordered that the order is affirmed, with costs.

We find that the Supreme Court did not abuse its discretion in granting the plaintiff leave to amend her complaint to include a cause of action for wrongful death. Contrary to the defendant's contention, the affidavit submitted by a physician who had treated the decedent sufficiently set forth a causal connection between the decedent's fall, which resulted from the alleged acts of negligence on the defendant's part, and his subsequent death (cf., Liebman v. Newhouse, 122 A.D.2d 252; Mahoney v. Sharma, 110 A.D.2d 627; Fiorentino v. Cobble Hill Nursing Home, 101 A.D.2d 825).

We further find that the lapse of time between service of the original complaint and the interposition of the cause of action for wrongful death has not resulted in prejudice to the defendant since all of the claims are predicated upon the same facts and occurrences, which were fully delineated in the original complaint. Kunzeman, J.P., Eiber, Harwood and Balletta, JJ., concur.


Summaries of

Ullrich v. Rocking Horse Ranch, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1988
138 A.D.2d 372 (N.Y. App. Div. 1988)
Case details for

Ullrich v. Rocking Horse Ranch, Inc.

Case Details

Full title:DOROTHY ULLRICH, as Administratrix of the Estate of THOMAS ULLRICH…

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

Date published: Mar 7, 1988

Citations

138 A.D.2d 372 (N.Y. App. Div. 1988)

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