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ZIRKER v. MAJORI REALTY CO.

54 A.D.2d 761 (1976)

Helen Zirker, Individually and as Executrix of Joseph Zirker, Deceased, Respondent, v. Majori Realty Co. et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

October 25, 1976

Order reversed insofar as appealed from, with one bill of $50 costs and disbursements jointly to appellants, and motion denied insofar as it sought leave to amend the complaint by adding a cause of action for wrongful death.

The affidavits in support of the motion failed to show any causal relationship between the accident and the death. Thus, Special Term abused its discretion in granting leave to add a cause of action for wrongful death (see Vastola v Maer

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