Gambles v. Davis

Friedman and Sullivan, JJ.,

dissent in a memorandum by Sullivan, J., as follows: In my view, Supreme Court’s denial of leave to amend to add a cause of action for wrongful death was correct. The expert affirmation submitted by plaintiffs states, without any express references to the medical records that the expert says were reviewed, only that the decedent “would have required less extensive treatment and she would have had a significantly better survival rate” if defendants had “timely and properly diagnosed” her cancer. This conclusory statement, bereft of evidentiary support, fails to…