LENTINI v. ST. VINCENT'S HOSP. OF THE BOROUGH OF RICHMOND


19 A.D.2d 652 (1963)

Angelina Lentini et al., Appellants, v. St. Vincent's Hospital of the Borough of Richmond, Respondent, et al., Defendant

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

June 24, 1963


Order reversed, with $10 costs and disbursements, and motion denied.

It was an improvident exercise of discretion, resulting in prejudice to plaintiffs, to permit the defendant hospital in June, 1962, to amend its original answer served in May, 1960, so as to withdraw its admission of employment of the defendant Lucey. The motion was not made until after the death of defendant Lucey, although the defendant hospital had knowledge of the inaccuracy of its admission...

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