Cotriche v. St. Vincent's Hospital

Appellate Division of the Supreme Court of New York

Cotriche v. St. Vincent's Hospital

54 A.D.2d 852, 388 N.Y.S.2d 266, 1976 N.Y. App. Div. LEXIS 14620

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1976·Published

Opinion

Order, Supreme Court, Bronx County, entered May 12, 1975, unanimously affirmed, without costs, and without disbursements. It appears, however, that the complaint, though inartistically drawn, sets forth an attempt to state a cause of action for the decedent’s conscious pain and suffering, as well as a derivative cause in favor of the surviving husband. In the interest of justice, we grant leave to plaintiff-appellant, within 30 days of service of a copy of the order entered hereon, to serve a new complaint containing these causes, properly pleaded, and without the cause dismissed by reason of limitation of time. Concur&emdash;Markewich, J. P., Lupiano, Silver-man, Lane and Yesawich, JJ.

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Order, Supreme Court, Bronx County, entered May 12, 1975, unanimously affirmed, without costs, and without disbursements. It appears, however, that the complaint, though inartistically drawn, sets forth an attempt to state a cause of action for the decedent’s conscious pain and suffering, as well as a derivative cause in favor of the surviving husband. In the interest of justice, we grant leave to plaintiff-appellant, within 30 days of service of a copy of the order entered hereon, to serve a new complaint containing these causes, properly pleaded, and without the cause dismissed by reason of limitation of time. Concur&emdash;Markewich, J. P., Lupiano, Silver-man, Lane and Yesawich, JJ.

Cotriche v. St. Vincent's Hospital, 54 A.D.2d 852, 388 N.Y.S.2d 266, 1976 N.Y. App. Div. LEXIS 14620 (N.Y. Ct. App. 1976).

Pincite

54 A.D.2d 852 (Cotriche v. St. Vincent's Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.