Scotto v. Scotto

Appellate Division of the Supreme Court of New York

Scotto v. Scotto

140 A.D.2d 602, 528 N.Y.S.2d 996, 1988 N.Y. App. Div. LEXIS 5648

Appellate Division of the Supreme Court of the State of New York·Decided May 23, 1988·Published·Cited by 1 cases

Opinion

[603] The medical affidavit submitted by the plaintiff constituted competent medical proof of the causal connection between the alleged negligence of the defendant Berry and the death of Santo Scotto. Accordingly, the Supreme Court, Kings County, did not improvidently exercise its discretion in granting the plaintiffs motion to amend the complaint by adding a cause of action sounding in wrongful death (see, Douglas v New York City Tr. Auth., 91 AD2d 1057; cf., Ortiz v Bono, 101 AD2d 812). Mangano, J. P., Thompson, Sullivan and Harwood, JJ., concur.

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[603] The medical affidavit submitted by the plaintiff constituted competent medical proof of the causal connection between the alleged negligence of the defendant Berry and the death of Santo Scotto. Accordingly, the Supreme Court, Kings County, did not improvidently exercise its discretion in granting the plaintiffs motion to amend the complaint by adding a cause of action sounding in wrongful death (see, Douglas v New York City Tr. Auth., 91 AD2d 1057; cf., Ortiz v Bono, 101 AD2d 812). Mangano, J. P., Thompson, Sullivan and Harwood, JJ., concur.

Scotto v. Scotto, 140 A.D.2d 602, 528 N.Y.S.2d 996, 1988 N.Y. App. Div. LEXIS 5648 (N.Y. Ct. App. 1988).

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Opinion

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