Barrella v. Richmond Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J.
Under the continuous treatment doctrine, “the time in which to bring a malpractice action is stayed ‘when the course of treatment which includes the wrongful acts or omissions has run continuously and is related to the same original condition or complaint’ ” (McDermott v Torre, 56 NY2d 399, 405, quoting Borgia v City of New York, 12 NY2d 151, 155). Asserting that in the instant case the treatment was continuous despite the fact that eight and one-half months intervened between treatments, plaintiffs seek reversal of an order which dismissed their malpractice…
2Cases cited14 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Greene v. GreeneNew York Court of Appeals · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Darrell R. Page v. United StatesCourt of Appeals for the D.C. Circuit · 1984
- Golden Pacific Bancorp, Plaintiff-Counter-Defendant-Appellant v. Federal Deposit Insurance Corporation Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2001
- Massie v. CrawfordNew York Court of Appeals · 1991
- Watkins v. FrommAppellate Division of the Supreme Court of the State of New York · 1985
- John T. Ulrich, Cross-Appellee v. Veterans Administration Hospital and United States of America, Defendants- Cross-AppellantsCourt of Appeals for the Second Circuit · 1988
43 more not listed; retrieve them via the Exa API.