Boothe v. Lawrence Hospital

Order, Supreme Court, Bronx County (Barry Salman, J.), entered June 5, 1990, which, inter alia, denied defendant’s motion to dismiss the complaint because unaccompanied by a certificate of merit (CPLR 3012-a), and because containing an ad damnum clause (CPLR 3017 [c]), unanimously modified, on the law, to the extent of striking the ad damnum clause from the complaint, and otherwise affirmed, without costs.

We disagree with the court that the action is for simple negligence. The burns allegedly sustained by the hypothermic infant plaintiff after treatment by defendant hospital’s nurses with hot…