Legal Opinion
Melup v. Morrissey
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 2004PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered August 27, 2003, which, to the extent appealed from, denied defendant Morrissey’s motion for partial summary judgment on statute of limitations grounds, unanimously affirmed, without costs.
The “continuous treatment” doctrine applied to the decedent’s visit in December 1997, during which Dr. Morrissey performed the colonoscopy that is central to plaintiffs failure-to-diagnose claim (see CPLR 214-a; McDermott v Torre, 56 NY2d 399, 405-406 [1982]; Hein v Cornwall Hosp., 302 AD2d 170 [2003]). The colonoscopy was a “treatment”…
2Cases cited4 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Allende v. New York City Health & Hospitals Corp.New York Court of Appeals · 1997
- Hein v. Cornwall HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Gehbauer v. BakerAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by7 opinions
- Gomez v. KatzAppellate Division of the Supreme Court of the State of New York · 2009
- Sosnoff v. JackmanAppellate Division of the Supreme Court of the State of New York · 2007
- Rudolph v. LynnAppellate Division of the Supreme Court of the State of New York · 2005
- Rich v. LavelleAppellate Division of the Supreme Court of the State of New York · 2023
- FLINT, CATHERINE v. ZIELINSKI, M.D., ROBERTAppellate Division of the Supreme Court of the State of New York · 2015
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