Legal Opinion

Hothan v. Mercy Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided April 17, 2013Published

1Opinion of the Court

In an action to recover damages for medical malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Sher, J.), dated August 22, 2011, as denied that branch of her motion which was for leave to amend the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the plaintiff’s motion which was for leave to amend the complaint is granted.

Following the death of the plaintiff’s decedent, Philomina Kelly (hereinafter the decedent), the plaintiff, as…

2Cases cited12 opinions

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
  2. Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
  3. Latture v. SmithAppellate Division of the Supreme Court of the State of New York · 2003
  4. Pike v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  5. Detko v. McDonald's Restaurants of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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