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LOSTRACCO v. MT. SAINT MARY'S HOSPITAL OF NIAGARA FALLS

38 A.D.3d 1312 (2007)

833 N.Y.S.2d 793

KAREN LOSTRACCO, as Administratrix of the Estate of PATRICIA ANNE PENQUE, Deceased, Appellant, v. MT. SAINT MARY'S HOSPITAL OF NIAGARA FALLS, Defendant, and YOUNG T. ZHOU, M.D., Respondent.

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

Decided March 16, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this medical malpractice and wrongful death action and thereafter sought leave to amend the summons and complaint to add Eastern Great Lakes Pathology, P.C. (Great Lakes) as a defendant. In support of her motion, plaintiff asserted that the proposed amended complaint against Great Lakes relates back to the action...

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