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MILAGROS LAYZ, Indi v. dually and as Administratrix of JOSE J. CORREA, Deceased, Respondent,

We agree with the IAS Court that the motion papers, which included, inter alia, an affirmation by an obstetrician-gynecologist that various acts and omissions of defendants at the time of decedent's birth constituted malpractice, and were a proximate cause of plaintiff's decedent's brain damage and eventual death, constituted a sufficient evidentiary showing to support the added cause of action for wrongful death (see, CPLR 3025 [b]; cf., McGuire v. Small, 129 A.D.2d 429).

Concur — Murphy, P.J., Wallach, Kupferman and Williams, JJ.

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LAYZ v. CITY OF NEW YORK
(Jun 30, 1994)