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BOTROS v. FLAMM

2010-00550.

77 A.D.3d 602 (2010)

908 N.Y.S.2d 358

SUZAN BOTROS, as Administrator of the Estate of BASEM R. BOTROS, Deceased, et al., Respondents, v. EUGENE FLAMM, M.D., et al., Appellants.

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

Decided October 5, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in granting that branch of the plaintiffs' motion which was pursuant to CPLR 3025 (b) for leave to amend the complaint to add a cause of action to recover damages for wrongful death, as the proposed amendment would not cause prejudice or surprise and was neither palpably insufficient nor patently devoid of merit...

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