CAMADEO v. LEEDS M.D.


290 A.D.2d 355 (2002)

736 N.Y.S.2d 368

ANJANIE CAMADEO et al., Appellants, v. GARY LEEDS, M.D., et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 24, 2002.


The motion court properly dismissed plaintiff patient's direct claim for her own injury in light of plaintiffs' silence in the face of defendants' assertion that the patient was not pressing such claim. Notably, plaintiffs' brief does not address the propriety of this ruling. Dismissal of the patient's direct claim mandates dismissal of her husband's derivative cause of action (see, Balestrero v Prudential Ins. Co. of Am., 283 App Div 794, affd

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