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Wood v. Southside Hospital

45 A.D.2d 1052, 358 N.Y.S.2d 170, 1974 N.Y. App. Div. LEXIS 4324
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 29, 1974
StatusPublished
Cited by9 cases

This text of 45 A.D.2d 1052 (Wood v. Southside 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
Wood v. Southside Hospital, 45 A.D.2d 1052, 358 N.Y.S.2d 170, 1974 N.Y. App. Div. LEXIS 4324 (N.Y. Ct. App. 1974).

Opinion

In an action to recover damages for injuries sustained by plaintiff’s decedent as a result of the alleged malpractice of defendant hospital, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County, dated October 12, 1973, as, granted plaintiff’s motion for leave to amend the complaint to include a cause of action for wrongful death. Order reversed insofar as appealed from, without costs, and motion for leave to amend the complaint denied without prejudice to renewal upon proper papers which shall include competent medical proof of causal connection between the alleged malpractice and the death of the original plaintiff. Absent proof as above indicated, the granting of leave to serve the proposed amended complaint was an improvident exercise of discretion (Robbins v. Healy, 35 A D 2d 850; Rubin v. Grossman, 34 A D 2d 680). Hopkins, Acting P. J., Shapiro, Cohalan, Christ and Benjamin, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
45 A.D.2d 1052, 358 N.Y.S.2d 170, 1974 N.Y. App. Div. LEXIS 4324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-southside-hospital-nyappdiv-1974.