Odell v. Dalrymple

Order unanimously reversed on the law without costs and plaintiff’s motion denied. Memorandum: The court erred in granting plaintiff’s motion to amend his complaint to add a derivative claim on behalf of his wife. The tort claims are time barred because plaintiff’s wife was not a party to the action as commenced and the pleadings failed to give defendants notice that she would be asserting a claim (CPLR 203 [e]; see, Kettle v Sweet Home Cent. School Dist., 152 AD2d 956). With respect to the breach of contract claims, a derivative cause of action does not lie; claims for loss of consortium…