MATTER OF BINGSEN XU v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

2012-07016, (Index No. 2577/12).

107 A.D.3d 888 (2013)

968 N.Y.S.2d 115

2013 NY Slip Op 4601

In the Matter of BINGSEN XU, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

Decided June 19, 2013.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the petition which was for leave to amend the notice of claim with respect to the cause of action alleging wrongful death is granted.

The petitioner's decedent, Rongshang Xu (hereinafter the decedent), was severely beaten on November 10, 2010. He was taken first to Queens Center Hospital and soon thereafter transferred to Elmhurst...

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