Layz v. City of New York

Full title: MILAGROS LAYZ, Individually and as Administratrix of JOSE J. CORREA…

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

Date published: Jun 30, 1994

205 A.D.2d 460 (N.Y. App. Div. 1994)

613 N.Y.S.2d 908

Opinion

June 30, 1994

Appeal from the Supreme Court, New York County (Stanley Sklar, J.).

We agree with the IAS Court that the motion papers, which included, inter alia, an affirmation by an obstetrician-gynecologist that various acts and omissions of defendants at the time of decedent's birth constituted malpractice, and were a proximate cause of plaintiff's decedent's brain damage and eventual death, constituted a sufficient evidentiary showing to support the added cause of action for wrongful death (see, CPLR 3025 [b]; cf., McGuire v. Small, 129 A.D.2d 429).

Concur — Murphy, P.J., Wallach, Kupferman and Williams, JJ.