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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1976

StatusPublished

This text of 54 A.D.2d 852 (Cotriche v. St. Vincent's Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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Bluebook (online)

54 A.D.2d 852, 388 N.Y.S.2d 266, 1976 N.Y. App. Div. LEXIS 14620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cotriche-v-st-vincents-hospital-nyappdiv-1976.