Sweeney v. Gardstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (O’Shaughnessy, J.), dated March 6, 1989, as granted the plaintiff’s motion to add a cause of action sounding in wrongful death to the complaint.
Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and the motion is denied, with leave to renew should the plaintiff be so advised, in accordance herewith.
While we agree that leave to amend a pleading should be freely…
2Cases cited6 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
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- McGuire v. SmallAppellate Division of the Supreme Court of the State of New York · 1987
- Fiorentino v. Cobble Hill Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1984
- Shapiro v. BeerAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by6 opinions
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- Harris v. St. John's Episcopal HospitalAppellate Division of the Supreme Court of the State of New York · 1994
- Rubick v. AtkinsNew York Supreme Court · 2004
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