AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LAWANIA FRANCIS et al., Respondents, v. NASSAU HEALTH CARE CORPORATION et al., Appellants.

Ordered that the order is affirmed insofar as appealed from, with costs.

Amendment of the complaint in this medical malpractice action to include a cause of action to recover damages for wrongful death "will not significantly expand the scope of proof or the relevant legal considerations on the issue of liability. The amendment will, of course, introduce new aspects on the issue of damages, but [the] defendant[s do] not suggest how the failure to bring this cause within two years after the decedent's death has prejudiced [them] in the assembly or introduction of evidence in support of [their] defense as to such additional elements of damage" ( Caffaro v. Trayna, 35 NY2d 245, 251). Therefore, the original complaint gave notice of the transactions and occurrences on which the wrongful death cause of action in the amended complaint is based, and the cause of action to recover damages for wrongful death was timely interposed ( see CPLR 203).

The defendants' remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

FRANCIS v. NASSAU HEALTH CARE CORPORATION
(Oct 24, 2005)