ENDRESZ v. FRIEDBERG


28 A.D.2d 1085 (1967)

Steve L. Endresz, as Administrator of The Estate of Baby Boy Endresz, Deceased, Appellant-Respondent, v. Fred Friedberg et al., Respondents-Appellants. (Action No. 1:) Steve L. Endresz, as Administrator of The Estate of Baby Girl Endresz, Deceased, Appellant-Respondent, v. Fred Friedberg et al., Respondents-Appellants. (Action No. 2:) Janice Endresz, Appellant-Respondent, v. Fred Friedberg et al., Respondents-Appellants. (Action No. 3:) Steve L. Endresz, Appellant-Respondent, v. Fred Friedberg et al., Respondents-Appellants. (Action No. 4.)

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

October 31, 1967


Order unanimously modified by denying leave to the plaintiff "to plead over and assert any causes of action which might be had under the theory expostulated in Ferrara v. Galluchio (5 N.Y.2d 16)," and as so modified affirmed, without costs.

Memorandum:

Permission to plead over and assert causes of action which might be had under the theory of Ferrara v. Galluchio (supra) is meaningless and futile inasmuch...

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