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RACK v. MARY IMMACULATE HOSP., DIV. OF THE CATHOLIC MED. CTR. OF BROOKLYN & QUEENS

80 A.D.2d 830 (1981)

Frank Rack, as Administrator of The Estate of Anna Rack, Deceased, Respondent, v. Mary Immaculate Hospital, Division of the Catholic Medical Center of Brooklyn and Queens, et al., Defendants and W. Wadhera, Appellant

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

March 2, 1981

Order affirmed, with $50 costs and disbursements.

We cannot agree with the appellant's contention that the bill of particulars contained a new cause of action, or altered the cause of action set forth in the complaint (see B & F Leasing Co. v Ashton Cos., 42 A.D.2d 652). The complaint alleged that the decedent was injured in an accident while an inpatient at the defendant Mary Immaculate Hospital, and that the accident...

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