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

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

DecidedMay 23, 1988

StatusPublished

Cited by1 cases

This text of 140 A.D.2d 602 (Scotto v. Scotto) 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

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

[603]*603The 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]*603The 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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Bluebook (online)

140 A.D.2d 602, 528 N.Y.S.2d 996, 1988 N.Y. App. Div. LEXIS 5648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scotto-v-scotto-nyappdiv-1988.

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