Layz v. City of New York

205 A.D.2d 460, 613 N.Y.S.2d 908

Opinion

Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about May 13, 1993, which granted plaintiffs’ motion to amend the complaint to add a cause of action for wrongful death, unanimously affirmed, without costs.

We agree with the IAS Court that the motion papers, which included, inter alia, an affirmation by an obstetrician-gynecologist that various acts and omissions of defendants at the time of decedent’s birth constituted malpractice, and were a proximate cause of plaintiff’s decedent’s brain damage and eventual death, constituted a sufficient evidentiary showing to support the added cause of action for wrongful death (see, CPLR 3025 [b]; cf., McGuire v Small, 129 AD2d 429). Concur—Murphy, P. J., Wallach, Kupferman and Williams, JJ.