PADULA v. BUCALO


214 A.D.2d 661 (1995)

625 N.Y.S.2d 928

Patricia Padula, as Executrix of Ann Melenwick, Deceased, Appellant, v. Yvette I. Bucalo, as Executrix of Anthony R. Bucalo, Deceased, et al., Respondents. (And a Related Action.)

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

April 17, 1995


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

We agree with the Supreme Court that the plaintiff failed to demonstrate the merit of her proposed cause of action for wrongful death. The papers submitted in support of her motion did not establish any causal nexus between the decedent's demise, on the one hand, and the defendants' alleged malpractice, on the other. Under the particular circumstances...

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