Botros v. Flamm
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated October 21, 2009, which granted the plaintiffs’ motion for leave to amend the complaint to add a cause of action to recover damages for wrongful death and to amend the caption, and denied, as premature, with leave to renew upon the completion of disclosure, the defendants’ cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its…
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