Legal Opinion
Cooper v. Kaplan
New York Court of Appeals
Decided November 25, 1991PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiff alleges that defendant committed medical malpractice when he prescribed birth control pills knowing that she had previously had phlebitis while taking similar medication. Defendant moved to dismiss the action on the ground that it was untimely, having been commenced in April 1988 — nearly three years after the pills were prescribed. Plaintiff contends that the action is timely by reason of the continuous treatment doctrine, which tolled the Statute of Limitations during the time she…
2Cases cited2 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
3Cited by19 opinions
- Allende v. New York City Health & Hospitals Corp.New York Court of Appeals · 1997
- Gomez v. KatzAppellate Division of the Supreme Court of the State of New York · 2009
- Harrison v. BevilacquaSupreme Court of South Carolina · 2003
- Williams v. Devell R. Young, M.D., P.C.Court of Appeals of Georgia · 2000
- Chestnut v. Bobb-McKoyAppellate Division of the Supreme Court of the State of New York · 2012
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