Rivera v. Fishkin

In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Levine, J.), dated December 15, 2006, which denied their motion for leave to serve a second amended complaint.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the plaintiffs’ motion for leave to serve a second amended complaint is granted, and the proposed second amended complaint which was annexed to the plaintiffs motion papers is deemed served.

On or about February 2, 2004 the defendant Dr. Joseph…