Buono v. Victory Memorial Hospital

In an action to recover damages for personal injuries based upon medical malpractice, the defendants appeal from an order of the Supreme Court, Kings County (Monteleone, J.), dated February 23, 1987, which upon reargument of so much of a prior order dated December 11, 1986, as denied the plaintiffs’ cross motion for leave to serve an amended complaint alleging a cause of action for wrongful death, granted the cross motion.

Ordered that the order is affirmed, with one bill of costs.

We find that the Supreme Court did not improvidently exercise its discretion in granting the plaintiffs’ motion…