Smith v. Hellman

In a negligence action to recover damages for personal injuries, defendant Marvin Heilman appeals from so much of an order of the Supreme Court, Kings County, dated September 8, 1976, as granted the branch of plaintiff’s motion which sought leave to serve and file an amended summons and complaint, adding thereto a cause of action for wrongful death. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and the said branch of the motion is *567denied, without prejudice to its renewal upon proper papers which shall include a physician’s affidavit establishing the…