Tobias v. Kesseler

In an action to recover damages for assault and trespass upon the person of the female plaintiff in consequence of an unauthorized operation performed by a surgeon, one of the defendants, plaintiffs appeal from so much of a resettled order of the Supreme Court, Kings County, dated May 8, 1962, as denied their motion for leave to serve an amended complaint adding a cause *1095of action against the surgeon based upon his malpractice or negligence. Order, insofar as appealed from, reversed, without costs and motion granted. The amended complaint shall be served within 20 days after entry of the order…