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Koch v. St. Francis Hospital

Ann Koch, by the Conservator of Her Property, Henry Koch v. St. Francis Hospital, , (And a Third-Party Action.)

Koch v. St. Francis Hosp., 112 A.D.2d 142 (1985)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
July 1, 1985
Citations
112 A.D.2d 142490 N.Y.S.2d 7821985 N.Y. App. Div. LEXIS 56428

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

In a medical malpractice action, (1) defendants St. Francis Hospital, Thylvalikakath Paul, Lynndey Cook, Thomas Loach and Paul Kolker appeal from an order of the Supreme Court, Nassau County (Becker, J.), entered May 9, 1985, which (a) granted plaintiffs’ motion for leave to serve amended bills of particulars, (b) denied said defendants’ request for a stay, and (c) allowed said defendants, within 10 days after service of a copy of the order, to conduct a further physical examination *143 of plaintiff Ann Koch, and (2) defendants St. Francis Hospital, Thylvalikakath Paul, Lynndey Cook and Thomas Loach further appeal from an order of the same court, also entered May 9, 1985, which granted plaintiffs’ motion for a severance of a third-party action.

Orders affirmed, with one bill of costs payable by appellants appearing separately and filing separate briefs to respondents appearing separately and filing separate briefs.

Motions to amend or supplement a bill of particulars are governed by the same standards as those applying to motions to amend pleadings (Scarangello v State of New York, 111 AD2d 798 ). Permission to amend pleadings should be freely given, and the decision to allow or disallow the amendment is committed to the court’s discretion (Edenwald Contr. Co. v City of New York, 60 NY2d 957, 959 ). The record reveals no significant prejudice to appellants which would warrant our interference with that discretion (Edenwald Contr. Co. v City of New York, supra).

Similarly, we find no basis to disturb the discretionary determination of Special Term in granting plaintiffs’ motion for a severance (Nielsen v Greenman Bros., 100 AD2d 578, 579 ).

We have reviewed appellants’ remaining contentions and find them to be without merit. Mangano, J. P., Brown, O’Con-nor and Weinstein, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1988: 31990: 21993: 11997: 12010: 119882026peak 1988 · 3

Relies on it most ⓘ

  1. Courageous Syndicate, Inc. v. People-To-People Sports Committee, Inc.141 A.D.2d 599 (1988)
  2. Rothfarb v. Brookdale Hospital139 A.D.2d 720 (1988)
  3. Melito v. Romano160 A.D.2d 1081 (1990)
  4. Daly-Caffrey v. Licausi70 A.D.3d 884 (2010)
  5. Girardi v. Community Hospital of Brooklyn137 A.D.2d 788 (1988)
  6. Telsey v. County of Nassau237 A.D.2d 428 (1997)

Most recent

  1. Daly-Caffrey v. Licausi70 A.D.3d 884 (2010)
  2. Telsey v. County of Nassau237 A.D.2d 428 (1997)
  3. Joseph v. East Penn Trucking Co.193 A.D.2d 465 (1993)
  4. Lomber v. Farrow160 A.D.2d 1146 (1990)
  5. Melito v. Romano160 A.D.2d 1081 (1990)
  6. Courageous Syndicate, Inc. v. People-To-People Sports Committee, Inc.141 A.D.2d 599 (1988)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Edenwald Contracting Co. v. City of N.Y., 459 N.E.2d 164 (N.Y. 1983) 433
Scarangello v. State, 111 A.D.2d 798 (1985) 19
Nielsen v. Greenman Bros., 100 A.D.2d 578 (1984) 4

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