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HODABA v. ST. AGNES HOSP.

55 A.D.2d 927 (1977)

Barbara Hodaba et al., Appellants, v. St. Agnes Hospital et al., Defendants, and Sheldon B. Lippert, Respondent

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

January 24, 1977

Appeal from the order dated May 28, 1976 dismissed, as academic. That order was superseded by the order made on reargument. Order dated September 1, 1976 affirmed insofar as appealed from. Respondent is awarded one bill of $50 costs and disbursements to cover both appeals.

The plaintiffs sought to amend their bill so as to add a new theory or cause of action. This they may not do (see B. & F. Leasing Co. v Ashton Cos., 42 A.D.2d 652

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