KIRKLAND v. N.Y. CITY HEALTH AND HOSP. CORP, N.Y. App. Div., Judgment, Law, casemine.com

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Attorney(S)

Bartlett, McDonough, Bastone Monaghan, LLP, White Plains, N Y (Edward J. Guardaro, Jr., of counsel), for appellant Brookdale Hospital Medical Center. Lester Schwab Katz Dwyer, LLP, New York, N.Y. (Steven B. Prystowsky of counsel), for appellant Kingsbrook Jewish Medical Center. Dubois, Billig, Loughlin, Conaty Weisman, Mineola, N.Y. (Rosemary E. Martinson of counsel), for appellant Community Family Planning Council, d/b/a United Parents Center.

Judges

Robert J. Miller

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CARRIE KIRKLAND, ETC., RESPONDENT, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, ET AL., DEFENDANTS, BROOKDALE HOSPITAL MEDICAL CENTER, ET AL., APPELLANTS.

DECISION ORDER ON MOTIONS

ORDERED that the appeal by Kingsbrook Jewish Medical Center is dismissed as withdrawn, without costs or disbursements, upon the argument of the appeal; and it is further,

ORDERED that the order is affirmed insofar as appealed from by Brookdale Hospital Medical Center and Community Family Planning Council, d/b/a United Parents Center, without costs or disbursements.

The Supreme Court providently exercised its discretion in granting that branch of the plaintiff's motion which was for leave to amend the complaint to assert a cause of action to recover damages for wrongful death against the appellants Brookdale Hospital Medical Center (hereinafter Brookdale) and Community Family Planning Council, d/b/a United Parents Center (hereinafter Community Family). Contrary to the contentions of those appellants, the medical proof submitted by the plaintiff sufficiently addressed the causal connection between the alleged negligence and the decedent's death ( cf., Feinberg v. Walter B. Cooke, Inc., 240 A.D.2d 623; Ludwig v. Horton Mem. Hosp., 189 A.D.2d 986).

The remaining contentions of Brookdale and Community Family are without merit.

KIRKLAND v. N.Y. CITY HEALTH AND HOSP. CORP

CARRIE KIRKLAND, ETC., RESPONDENT, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, ET AL., DEFENDANTS, BROOKDALE HOSPITAL MEDICAL CENTER, ET AL., APPELLANTS.

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