(Download) "Jeffrey Mcguire v. Robert Small" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Jeffrey Mcguire v. Robert Small
- Author : Supreme Court of New York
- Release Date : January 07, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Order, Supreme Court, New York County (Helen E. Freedman, J.), entered on June 27, 1986, which, inter alia, granted plaintiff's motion to amend his complaint to plead a cause of action for wrongful death, unanimously modified on the law and the facts, and the motion denied as to all defendants except Robert Small, who did not join in the appeal, without costs and without prejudice to renewal on proper papers, within 60 days of the date of this court's order. Plaintiff's motion sought to amend the medical malpractice complaint to add an additional cause of action for wrongful death. No affidavit or affirmation from a physician was submitted by the plaintiff. An affirmation by plaintiff's counsel stated that Plaintiff's decedent * * * died having succumbed to cardiopulmonary arrest, secondary to metastasizing ovarian carcinoma. The affidavit further stated that amendment of the complaint was warranted since decedent's death was occasioned by secondary ovarian carcinoma and pleural effusion, which is the same underlying disease for which this plaintiff's decedent originally sought damages. Excerpts from uncertified Beth Israel Hospital records indicate the cause of death as cardiopulmonary arrest. NO AID. The death certificate lists the death as being from natural causes.