Djeddah v. Djeddah

Order, Supreme Court, New York County (Joan B. Carey, J.), entered December 17, 2009, which denied defendant’s motion to renew his prior motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

As plaintiff husband’s action for medical malpractice was voluntarily withdrawn by him without prejudice to plaintiff wife’s claim for loss of consortium, the motion court properly permitted the wife’s claim to proceed. Although dismissal' of the husband’s claims on the merits would mandate dismissal of the wife’s derivative claim (see e.g. Camadeo v Leeds, 290 AD2d 355…