Legal Opinion
Curcio v. Ippolito
New York Court of Appeals
Decided November 13, 1984PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs..
In opposition to defendant doctor’s motion for summary judgment on the ground that plaintiff’s malpractice cause of action is time barred, plaintiff presents nothing other than an affidavit of her attorney, which evidences no personal knowledge of the facts on his part. There is, therefore, no factual basis for plaintiff’s claim of estoppel.
With respect to the contention that the statute was tolled under the continuous treatment doctrine, the depositions of plaintiff and defendant doctor,…
2Cases cited6 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Florio v. CookNew York Court of Appeals · 1979
- Florio v. CookAppellate Division of the Supreme Court of the State of New York · 1978
- Brush v. OlivoAppellate Division of the Supreme Court of the State of New York · 1981
- Bennin v. Ramapo General HospitalAppellate Division of the Supreme Court of the State of New York · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rizk v. CohenNew York Court of Appeals · 1989
- Ganess v. City of New YorkNew York Court of Appeals · 1995
- Grellet v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
- Campone v. PanosAppellate Division of the Supreme Court of the State of New York · 2016
- Edmonds v. GetchonisAppellate Division of the Supreme Court of the State of New York · 1989
23 more not listed; retrieve them via the Exa API.