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DJEDDAH v. WILLIAMS

4898, 111319/95.

83 A.D.3d 590 (2011)

920 N.Y.S.2d 908

RICHARD DJEDDAH, Plaintiff, and RACHEL DJEDDAH, Respondent, v. DANIEL TURK WILLIAMS, Appellant.

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

Decided April 26, 2011.

As plaintiff husband's action for medical malpractice was voluntarily withdrawn by him without prejudice to plaintiff wife's claim for loss of consortium, the motion court properly permitted the wife's claim to proceed.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 A.D.2d 355 [2002]), where, as here, the claims were brought simultaneously...

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