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White v. Mid-Town Oil Company, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 1989
152 A.D.2d 692 (N.Y. App. Div. 1989)

Opinion

July 24, 1989

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion is granted, and the defendant's time to answer the amended complaint is extended until 20 days after service upon it of a copy of this decision and order, with notice of entry.

Contrary to the view expressed by the Supreme Court, the affidavit of Edward P. White's treating psychiatrist provided an adequate basis linking the 1983 accident and injury with Edward P. White's death on April 30, 1986 (see, Douglas v New York City Tr. Auth., 91 A.D.2d 1057, 1058; Palmer v New York City Tr. Auth., 33 A.D.2d 119; Vastola v Maer, 48 A.D.2d 561, 567, affd 39 N.Y.2d 1019). Accordingly, the Supreme Court erred in denying the plaintiff's motion.

We have examined the defendant's remaining contention and find it to be without merit (see, Brewster v City of New York, 78 A.D.2d 667). Mangano, J.P., Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

White v. Mid-Town Oil Company, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 1989
152 A.D.2d 692 (N.Y. App. Div. 1989)
Case details for

White v. Mid-Town Oil Company, Inc.

Case Details

Full title:DOROTHY D. WHITE, Individually and as Administratrix of the Estate of…

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

Date published: Jul 24, 1989

Citations

152 A.D.2d 692 (N.Y. App. Div. 1989)
543 N.Y.S.2d 749

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