Young v. New York City Health & Hospitals Corp.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
We are asked on this appeal to determine whether the continuous treatment doctrine applies to toll the 90-day notice of claim period applicable to plaintiff’s medical malpractice suit against defendants for their alleged failure to timely diagnose and treat her cancerous breast condition. Because plaintiff’s allegations establish that she was unaware of the need for further treatment of her breast and that no course of treatment for that condition had otherwise been established during the dispositive time period, the purpose of the toll would not be served by its…
2Cases cited8 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
- Massie v. CrawfordNew York Court of Appeals · 1991
- Rizk v. CohenNew York Court of Appeals · 1989
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3Cited by155 opinions
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- Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
- Williamson v. PricewaterhouseCoopers LLPNew York Court of Appeals · 2007
- Gomez v. KatzAppellate Division of the Supreme Court of the State of New York · 2009
- Wally G., an Infant,by His Mother and Natural Guardian, Yoselin T. v. New York City Health and Hospitals Corporation (Metropolitan Hospital)New York Court of Appeals · 2016
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