Ludwig v. Horton Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal (transferred to this Court by order of the Appellate Division, Second Department) from that part of an order of the Supreme Court (Peter Patsalos, J.), entered October 11, 1991 in Orange County, which denied plaintiff’s motion to amend the complaint.
While leave to amend pleadings should be freely granted (CPLR 3025 Pd]), a court will not grant a motion to amend a complaint to allege a cause of action for wrongful death unless it is supported by competent medical proof showing a causal connection between the alleged negligence and the decedent’s death (see, Kordonsky v Andrst, 172 AD2d…
2Cases cited6 opinions
- McGuire v. SmallAppellate Division of the Supreme Court of the State of New York · 1987
- Kordonsky v. AndrstAppellate Division of the Supreme Court of the State of New York · 1991
- Ortiz v. BonoAppellate 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
- Liebman v. NewhouseAppellate Division of the Supreme Court of the State of New York · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Smith v. HaggertyAppellate Division of the Supreme Court of the State of New York · 2005
- Matter of Bynum v. Camp Bisco, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Paolano v. Southside HospitalAppellate Division of the Supreme Court of the State of New York · 2004
- Feinberg v. Walter B. Cooke, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
5 more not listed; retrieve them via the Exa API.