| Kamara v 767 Fifth Partners, LLC |
| 2020 NY Slip Op 06953 [188 AD3d 602] |
| November 24, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Haja Kamara, as Administratrix of the Estate of Abu Kamara,
Deceased, et al., Appellants, v 767 Fifth Partners, LLC, Respondent. |
Edelman Krasin & Jaye, PLLC, Westbury (Aaron D. Fine of counsel), for appellants.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Stacey L. Seltzer of counsel), for respondent.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 21, 2019, which denied plaintiff's motion to amend the complaint to add a cause of action for wrongful death, unanimously affirmed, without costs.
To support the amendment sought here, plaintiff was required to submit competent medical proof of a causal connection between decedent's 2015 work-related injury and his death, which plaintiff claims was due to complications stemming from a 2018 epidural injection (see Frangiadakis v 51 W. 81st St. Corp., 161 AD3d 478, 479 [1st Dept 2018]; MBIA Ins. Corp. v Greystone & Co., Inc., 74 AD3d 499, 500 [1st Dept 2010]; Gambles v Davis, 32 AD3d 224, 225 [1st Dept 2006]). Having reviewed the record, we agree with Supreme Court that plaintiffs failed to make this showing. Concur—Renwick, J.P., Kapnick, Gesmer, Kern, JJ.