Davis v. City of New York

The order of the Appellate Division should be affirmed. We conclude as a matter of law that the doctrine of continuous treatment (Borgia v City of New York, 12 NY2d 151) may not be invoked in the circumstances disclosed in this record to defer the running of the statutory claim period.*

Decedent went to Ft. Greene Cancer Detection Center on February 20, 1968 to arrange for a diagnostic examination in *259connection with a lump in her breast. She was advised to return on February 26 for a full physical examination. Following that examination the diagnostic findings were noted on a chart and a copy…