Rodriguez v. Terence Cardinal Cooke Health Care Center

Judgment, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered April 11, 2003, in an action for wrongful death and personal injuries arising out of an assault on plaintiffs’ decedent by a fellow resident of defendant nursing home, dismissing the complaint pursuant to an order granting defendant’s motion for summary judgment, and bringing up for review an order, same court and Justice, entered August 14, 2002, which, insofar as challenged, denied plaintiffs’ motion to amend the complaint so as to add a cause of action for medical malpractice, unanimously affirmed, without costs.…