McGUIRE v. SMALL


129 A.D.2d 429 (1987)

Jeffrey McGuire, as Administrator of The Estate of Barbara McGuire, Deceased, Respondent, v. Robert Small, Defendant, and Doctors Hospital et al., Appellants

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

April 7, 1987


Plaintiff's motion sought to amend the medical malpractice complaint to add an additional cause of action for wrongful death. No affidavit or affirmation from a physician was submitted by the plaintiff. An affirmation by plaintiff's counsel stated that "Plaintiff's decedent * * * died having succumbed to cardiopulmonary arrest, secondary to metastasizing ovarian carcinoma." The affidavit further stated that amendment of the complaint was warranted since decedent's "death...

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