Broderick v Trivedi
2009 NY Slip Op 09846 [68 AD3d 1743]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


David S. Broderick, as Administrator of the Estate of Catherine L. Johnson, Deceased, Respondent, v Jagdish M. Trivedi, M.D., et al., Appellants.

—[*1] Roach, Brown, McCarthy & Gruber, P.C., Buffalo (J. Mark Gruber of counsel), for defendants-appellants Jagdish M. Trivedi, M.D. and John C. Christodoulides, M.D.

Ricotta & Visco, Attorneys & counselors at Law, Buffalo (Brett Gliosca of counsel), for defendant-appellant Mt. St. Mary's Hospital and Health Center.

Brown Chiari LLP, Lancaster (Michael R. Drumm of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered November 7, 2008 in a medical malpractice action. The order granted the motion of plaintiff for leave to amend the complaint to add a wrongful death cause of action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.