Trowell v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Trowell v. New York City Health & Hospitals Corp.

305 A.D.2d 583, 759 N.Y.S.2d 357

Appellate Division of the Supreme Court of the State of New York·Decided May 19, 2003·Published·Cited by 2 cases

Opinion

—In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Flug, J.), entered December 20, 2001, which, [584] upon an order of the same court, dated October 17, 2001, inter alia, denying her motion for leave to amend the complaint, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court did not err in, inter alia, denying the plaintiffs motion for leave to amend the complaint to allege a cause of action sounding in negligence, as no such claim was set forth in the plaintiffs notice of claim (see Linden v President & Directors of Chase Manhattan Bank, 299 AD2d 216 [2002], lv denied 99 NY2d 509 [2003]; Mazzilli v City of New York, 154 AD2d 355 [1989]). Florio, J.P., S. Miller, Adams and Rivera, JJ., concur.

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—In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Flug, J.), entered December 20, 2001, which, [584] upon an order of the same court, dated October 17, 2001, inter alia, denying her motion for leave to amend the complaint, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court did not err in, inter alia, denying the plaintiffs motion for leave to amend the complaint to allege a cause of action sounding in negligence, as no such claim was set forth in the plaintiffs notice of claim (see Linden v President & Directors of Chase Manhattan Bank, 299 AD2d 216 [2002], lv denied 99 NY2d 509 [2003]; Mazzilli v City of New York, 154 AD2d 355 [1989]). Florio, J.P., S. Miller, Adams and Rivera, JJ., concur.

Trowell v. New York City Health & Hospitals Corp., 305 A.D.2d 583, 759 N.Y.S.2d 357 (N.Y. Ct. App. 2003).

Pincite

305 A.D.2d 583 (Trowell v. New York City Health & Hospitals Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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