Legal Opinion
Rizk v. Cohen
New York Court of Appeals
Decided February 16, 1989PublishedCited by 133 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
In this appeal, we once again address the doctrine of continuous treatment, which was first established in Borgia v City of New York (12 NY2d 151) and was later codified in CPLR 214-a.1 We hold that the requirements of that doctrine are, as a matter of law, not satisfied when there has been mere reliance on a diagnosis, combined with subsequent doctor-initiated contact after an extended period with no physician-patient contact and the absence of objective factors indicating that this period had been expressly contemplated by the parties.
In January 1980 plaintiff…
2Cases cited18 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Greene v. GreeneNew York Court of Appeals · 1982
- Richardson v. OrentreichNew York Court of Appeals · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by133 opinions
- Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
- Ross v. Louise Wise Services, Inc.New York Court of Appeals · 2007
- Ricky Baker v. David Alan DorfmanCourt of Appeals for the Second Circuit · 2000
- Shumsky v. EisensteinNew York Court of Appeals · 2001
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
128 more not listed; retrieve them via the Exa API.