SMITH v. Mumtaz Husain Jafri, M.D., et al., Defendants. (1999)

Supreme Court, Appellate Division, First Department, New York.

Jeannette H. SMITH, etc., et al., Plaintiffs-Respondents, v. Denis Howard TYRAS, M.D., et al., Defendants-Appellants, Mumtaz Husain Jafri, M.D., et al., Defendants.

Decided: October 19, 1999

SULLIVAN, J.P., NARDELLI, WILLIAMS, MAZZARELLI and ANDRIAS, JJ.

Alan L. Fuchsberg, for Plaintiffs-Respondents. Michael J. Gudzy, for Defendants-Appellants.

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about June 30, 1998, which, in an action for medical malpractice, granted plaintiffs' motion to vacate their default in appearing for a compliance conference, and to amend the complaint so as to allege a cause of action for wrongful death, unanimously affirmed, without costs.

The merit of plaintiffs' causes of action was amply demonstrated by the sworn affidavit of a physician clearly qualified to opine on the standards of care that defendants should have provided to the decedent, which affidavit clearly explained how defendants' departures from those standards contributed to the decedent's death. We have considered defendants' other arguments and find them to be without merit.

MEMORANDUM DECISION.

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