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SEITZMAN v. HOSP. OF THE ALBERT EINSTEIN COLL. OF MED.

167 A.D.2d 177 (1990)

Roberta Seitzman, as Administratrix of The Estate of Esther Bloom, Deceased, Appellant, v. Hospital of the Albert Einstein College of Medicine, Defendant, and Jay M. Coblentz, Respondent

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

November 13, 1990

Plaintiff's decedent's estate brought this action to recover damages for conscious pain and suffering. There is no cause of action for wrongful death inasmuch as there are no eligible distributees.

The motion court reasoned that inclusion of the word "death" was an attempt to add a cause of action for wrongful death, rather than to amplify the pleadings. We disagree.

Because the estate would be entitled to recover...

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