Legal Opinion
Giambrone v. Kings Harbor Multicare Center
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2013Published
1Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 7, 2011, which granted plaintiff’s motion to amend the complaint against defendant Kings Harbor Multicare Center (Kings Harbor) to name his wife as an additional plaintiff and to assert a derivative cause of action on her behalf for loss of consortium and spousal services, unanimously affirmed, without costs.
The question presented is whether a derivative claim for loss of services relates back to a spouse’s medical malpractice complaint for purposes of the Statute of Limitations pursuant to CPLR 203 (f). We hold that it…
2Cases cited8 opinions
- Buran v. CoupalNew York Court of Appeals · 1995
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Greater New York Health Care Facilities Ass'n v. DeBuonoNew York Court of Appeals · 1998
- Anderson v. CarneyAppellate Division of the Supreme Court of the State of New York · 1990
- Fazio Masonry, Inc. v. Barry, Bette & Led Duke, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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