McCARTHY v. DOWNES


17 A.D.2d 919 (1962)

Dela McCarthy, Respondent, v. Patrick J. Downes, Sr., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 5, 1962


Order, entered July 28, 1961, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of reversing that part of said order which granted permission to the substituted administratrix to amend the complaint to add a cause of action for wrongful death and denying the motion of the substituted administratrix, without prejudice to a renewal on a proper medical affidavit and as thus modified the order is affirmed, with $20 costs and disbursements...

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