Dembo v. Health Insurance Plan of America

In an action, inter alia, to recover damages for medical malpractice, the defendant Sounder Eswar appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated May 15, 1996, as granted that branch of the plaintiff's motion which was for leave to serve an amended complaint asserting a cause of action to recover damages for wrongful death against him.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and that branch of the plaintiff’s motion which was for leave to serve an…