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Francis v. Nassau Health Care Corp.10/24/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
ANITA R. FLORIO, J.P., STEPHEN G. CRANE, STEVEN W. FISHER and MARK C. DILLON, JJ.
DECISION & ORDER
(Index No. 8039/03)
ORDERED that the order is affirmed insofar as appealed from, with costs.
Amendment of the complaint in this medical malpractice action to include a cause of action to recover damages for wrongful death "will not significantly expand the scope of proof or the relevant legal considerations on the issue of liability. The amendment will, of course, introduce new aspects on the issue of damages, but [the defendants do] not suggest how the failure to bring this cause within two years after the decedent's death has prejudiced [them] in the assembly or introduction of evidence in support of [their] defense as to such additional elements of damage" (Caffaro v Trayna, 35 NY2d 245, 251). Therefore, the original complaint gave notice of the transactions and occurrences on which the wrongful death cause of action in the amended complaint is based, and the cause of action to recover damages for wrongful death was timely interposed (see CPLR 203).
The defendants' remaining contentions are without merit.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
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