CHEREBIN v. EMPRESS AMBULANCE SERVICE, INC.


43 A.D.3d 364 (2007)

841 N.Y.S.2d 277

PHYLLIS CHEREBIN, Appellant, v. EMPRESS AMBULANCE SERVICE, INC., Respondent.

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

Decided August 30, 2007.


As the result of an automobile accident on July 21, 2003, plaintiff allegedly suffered neurological injuries from hypoxia, leaving her with severe impairment of her cognitive, speech and memory capabilities. Plaintiff commenced this medical malpractice action in May 2004 and sought leave to amend her bill of particulars in June 2006. Leave was sought to plead an additional theory of negligence, i.e., that defendant failed to use...

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