Walpole v. Whitsell

OPINION OF THE COURT

Richard S. Lane, J.

This motion seeks summary judgment dismissing plaintiff’s medical malpractice action as barred by the Statute of Limitations. Plaintiff in opposition relies on an apparently novel extension of the doctrine of continuous treatment (Borgia v City of New York, 12 NY2d 151).

Plaintiff’s family physician, Dr. Thomas Parks, recommended the excision and biopsy of an apparent mass in plaintiff’s left breast. The surgery was performed by defendant Dr. John Whitsell on June 24,1975 at the facilities of defendant New York Hospital. The biopsy was performed by…