Appellate Division of the Supreme Court of New York, 1988

Scotto v. Scotto

Scotto v. Scotto
Appellate Division of the Supreme Court of New York · Decided May 23, 1988
140 A.D.2d 602; 528 N.Y.S.2d 996; 1988 N.Y. App. Div. LEXIS 5648
Scotto v. Scotto

Opinion of the Court

*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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