ORTIZ v. BONO


101 A.D.2d 812 (1984)

Luz Ortiz, as Administratrix of The Estate of Jose Ortiz, Deceased, Respondent, v. Rudolph Bono, Appellant, et al., Defendants

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

May 7, 1984


¶ Order reversed, on the law, with costs, and plaintiff's motion denied without prejudice to renewal on proper papers which shall include competent medical proof of a causal connection between the alleged malpractice and the death of the original plaintiff.

¶ Absent proof as above indicated (the physician's affidavit submitted by plaintiff was insufficient in this regard), the granting of leave to amend the complaint was an improvident exercise of discretion...

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