Bingsen Xu v. New York City Health & Hospitals Corp.

In a proceeding pursuant to General Municipal Law § 50-e (6) for leave to amend a notice of claim, the petitioner appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Rosengarten, J.), entered June 8, 2012, as denied that branch of his petition which was for leave to amend the notice of claim with respect to the cause of action alleging wrongful death.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the petition which was for leave to amend the notice of claim…