Walsh v. Faxton-Children's Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motions granted and complaint dismissed. Memorandum: We reject plaintiff’s contention that the continuous treatment doctrine tolled the Statute of Limitations in this medical malpractice action. We conclude that plaintiff’s malpractice claim against defendant Laurance C. Lee, M.D., accrued on December 24, 1986 when June Walsh was discharged from defendant The Faxton-Children’s Hospital (Hospital) (see generally, Nykorchuck v Henriques, 78 NY2d 255, 258). Because plaintiff commenced this action against Dr. Lee more than 2 VS years after its…
2Cases cited6 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
- Mduba v. Benedictine HospitalAppellate Division of the Supreme Court of the State of New York · 1976
- Ruane v. Niagara Falls Memorial Medical CenterNew York Court of Appeals · 1983
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3Cited by8 opinions
- Magriz v. St. Barnabas HospitalAppellate Division of the Supreme Court of the State of New York · 2007
- DiFilippi v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1994
- Shapiro v. Good Samaritan Regional Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Doe v. Holy See (State of Vatican City)Appellate Division of the Supreme Court of the State of New York · 2004
- Mars v. Diocese of RochesterNew York Supreme Court · 2003
3 more not listed; retrieve them via the Exa API.