85 A.D.2d 596 | N.Y. App. Div. | 1981
In a medical malpractice action, defendant Mount Sinai Hospital appeals from so much of an order of the Supreme Court, Queens County (Boyers, J.), dated April 10, 1981, as granted plaintiff’s motion for leave to serve an amended complaint setting forth a third cause of action charging simple negligence. Order affirmed insofar as appealed from, with $50 costs and disbursements. Plaintiff’s time to serve the amended complaint is extended until 20 days after service upon her of a copy of the order to be made hereon, with notice of entry. Plaintiff’s decedent died on September 17, 1973, four days after he allegedly fell at the defendant hospital while awaiting his discharge. His death was claimed to be the result of a fracture suffered in the