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DEMBO v. HEALTH INS. PLAN OF AM. (HIP)

239 A.D.2d 382 (1997)

658 N.Y.S.2d 887

Oakalea Dembo, as Executrix of Adolph Dembo, Deceased, Respondent, v. Health Insurance Plan of America (Hip) et al., Defendants, and Sounder Eswar, Appellant

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

May 12, 1997

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and that branch of the plaintiff's motion which was for leave to serve an amended complaint asserting a cause of action to recover damages for wrongful death against the defendant Sounder Eswar is denied.

A motion for leave to amend a complaint in a medical malpractice action to assert a cause of action for...

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