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Varady v. Pelham Bay General Hospital

68 A.D.2d 936 Court N.Y. App. Div. Decision date 1979-03-19 English

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p. 936
Mildred Varady, as Administratrix of the Estate of Jerome Varady, Deceased, Respondent, v Pelham Bay General Hospital et al., Appellants.

In a medical malpractice action, defendants appeal from an order of the Supreme Court, Queens County, dated September 6, 1978, which granted plaintiff’s motion to serve an amended complaint and bill of particulars. Order affirmed, without costs or disbursements. Under the circumstances of this case, and in the absence of prejudice to defendants, Special Term did not abuse its discretion in granting plaintiff’s motion. Titone, J. P., Shapiro, Martuscello and Mangano, JJ., concur.