BUONO v. VICTORY MEM'L HOSP.


151 A.D.2d 633 (1989)

Frank Buono, as Executor of Connie Buono, Also Known as Constance Buono, et al., Respondents, v. Victory Memorial Hospital et al., Appellants

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

June 19, 1989


Ordered that the order is affirmed, with one bill of costs.

We find that the Supreme Court did not improvidently exercise its discretion in granting the plaintiffs' motion for reargument to correct a misapprehension of law as to the Statute of Limitations and then, upon reargument, granting leave to amend the complaint to add a cause of action to recover damages for wrongful death. The physician's affidavit of merit sufficiently set forth a causal connection between...

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