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White v. Jewish Hosp. Med. Ctr. of Brooklyn

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1977
60 A.D.2d 627 (N.Y. App. Div. 1977)

Opinion

December 19, 1977


In an action to recover damages for medical malpractice, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County, dated June 17, 1977, as granted plaintiffs' motion for leave to amend the ad damnum clause of the complaint and to supplement their bill of particulars. Order reversed insofar as appealed from, without costs or disbursements, and motion denied, without prejudice to a renewal of the motion. We are reversing in this case simply because plaintiffs' motion was granted upon a report of a doctor instead of the doctor's affidavit. If the report had been submitted in affidavit form it would have been sufficient upon which to grant plaintiffs' motion for the relief sought. Hopkins, J.P., Margett, Rabin and Shapiro, JJ., concur.


Summaries of

White v. Jewish Hosp. Med. Ctr. of Brooklyn

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1977
60 A.D.2d 627 (N.Y. App. Div. 1977)
Case details for

White v. Jewish Hosp. Med. Ctr. of Brooklyn

Case Details

Full title:JAMES M. WHITE et al., Respondents, v. JEWISH HOSPITAL AND MEDICAL CENTER…

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

Date published: Dec 19, 1977

Citations

60 A.D.2d 627 (N.Y. App. Div. 1977)

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