Leibowitz v. Mt. Sinai Hospital

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about January 2, 2002, which, to the extent appealed from as limited by the brief, denied plaintiffs motion for leave to amend the complaint to assert a cause of action for wrongful death, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs or disbursements, the motion granted and the amended complaint in the form submitted on the motion deemed served and filed.

The deceased, diagnosed with advanced colon cancer, underwent a colonic resection in June 1997 performed by defendant,…