Smith v. University of Rochester Medical Center

Order unanimously reversed, with costs, and motion granted to the extent that plaintiff’s motion to amend the complaint is granted in all respects, except as to the additional cause of action for breach of warranty against University of Rochester Medical Center. Memorandum: In this action brought for wrongful death and conscious pain and suffering against a hospital, the attending physician and an equipment supplier, plaintiff seeks to amend the complaint by (1) increasing the ad damnum clause of the complaint to $450,000 for wrongful death and $50,000 for pain and suffering, (2) to allege a…