Opinion
Argued November 16, 2000.
December 12, 2000.
In an action to recover damages for medical malpractice and wrongful death, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Winick, J.), dated October 8, 1999, which denied their motion to add the Staten Island Medical Group as a defendant and the decedent's wife as a plaintiff, and to amend the complaint to include a derivative cause of action to recover damages for loss of services and consortium on her behalf.
Richard M. Sands, P.C., Garden City, N.Y. (Matthew R. Kreinces of counsel), for appellants.
Bower, Sanger Futterman, P.C., New York, N.Y. (Douglas B. Stebbins of counsel), for respondent St. Vincent's Medical Center of Richmond.
Wortman, Fumuso, Kelly DeVerna Snyder, Hauppauge, N.Y. (Scott G. Christesen of counsel), for respondent Stephen Hurst.
Before: LAWRENCE J. BRACKEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, JJ.
DECISION ORDER
ORDERED that the appeal from so much of the order as denied that branch of the motion which was to add the Staten Island Medical Group as a defendant is dismissed as withdrawn; and it is further,
ORDERED that the order is affirmed insofar as reviewed; and it is further,
ORDERED that the respondents are awarded one bill of costs.
Contrary to the appellants ' contention, the Supreme Court properly denied that branch of their motion which was to amend the complaint to add the decedent's wife as a plaintiff and to include a derivative cause of action to recover damages for loss of services and consortium on her behalf since that cause of action was time-barred (see, Lucido v. Vitolo, 251 A.D.2d 383; Kramer v. Twin County Grocers, 151 A.D.2d 722; Clausell v. Ullman, 141 A.D.2d 690).