LAYZ v. CITY OF NEW YORK

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.