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KASH v. JEWISH HOME

61 A.D.3d 146 (2009)

873 N.Y.S.2d 819

GERTRUDE KASH, Appellant, v. JEWISH HOME AND INFIRMARY OF ROCHESTER, N.Y., INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 11, 2009.

Attorney(s) appearing for the Case

Faraci Lange, LLP, Rochester (Stephen G. Schwarz of counsel), for appellant.

The Somerset Firm, LLC, Canandaigua (Margaret E. Somerset of counsel), for Jewish Home and Infirmary of Rochester, N.Y., Inc., and another, respondents.

Hirsch & Tubiolo, P.C., Rochester (Christopher S. Noone of counsel), for Lars-Goran Larsson, M.D., respondent.

FAHEY and GORSKI, JJ., concur with PINE, J.; SCUDDER, P.J., and CENTRA, J., dissent and vote to affirm in a separate opinion by CENTRA, J.

OPINION OF THE COURT

PINE, J.

I

Plaintiff commenced this action seeking damages for injuries she sustained as the result of defendants' alleged medical malpractice. Several months after commencing the action, plaintiff moved for leave to amend the complaint by adding a separate cause of action under Public Health Law § 2801-d. For the reasons that follow, we conclude that Supreme Court erred in denying the motion.

II

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