Waiters v. New York City Health & Hospitals Corp.

In a wrongful death action predicated upon medical malpractice, defendant appeals from an order of the Supreme Court, Kings County (Brownstein, J.), dated September 11,1979, which (1) denied its motion to dismiss the complaint insofar as it sought to recover damages for conscious pain and suffering and for loss of services, and (2) granted plaintiff’s cross motion for leave to serve and file a late notice of claim. The appeal brings up for review so much of a further order of the same court, dated April 28, 1980, as, upon reargument, adhered to the original determination. By order dated March…