Appellate Division of the Supreme Court of the State of New York November 21, 1985 (Polak v. Schwenk)

Weiss, J.

Appeal from an order of the Supreme Court at Special Term (Brown, J.), entered December 13, 1984 in Schenectady County, which denied plaintiffs’ motion for leave to serve an amended complaint.

On April 22, 1981, plaintiff Lorraine Polak underwent surgery for a total abdominal hysterectomy, performed by Dr. August C. Schwenk at St.