Appellate Division of the Supreme Court of the State of New York April 11, 1977 (Smith v. Hellman)

In a negligence action to recover damages for personal injuries, defendant Marvin Heilman appeals from so much of an order of the Supreme Court, Kings County, dated September 8, 1976, as granted the branch of plaintiff’s motion which sought leave to serve and file an amended summons and complaint, adding thereto a cause of action for wrongful death.