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CARUANA v. PADMANABHA

953 CA 10-00787.

77 A.D.3d 1307 (2010)

909 N.Y.S.2d 607

MARY V. CARUANA, Respondent, et al., Plaintiff, v. BHAVANSA PADMANABHA, M.D., Appellant.

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

Decided October 1, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed with costs.

Memorandum: Supreme Court properly granted the motion of Mary V. Caruana (plaintiff) to sever the medical malpractice cause of action from the derivative cause of action asserted by her husband, plaintiff Joseph Caruana (decedent), who died during the pendency of the action. Severance may be ordered "[i]n furtherance of convenience" as a matter of judicial discretion (CPLR 603...

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