Gomez v. Katz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.
We are asked on this appeal to consider whether a patient’s consultation with a new physician severs the patient’s relationship with her initial physician for purposes of the “continuous treatment” toll of the statute of limitations. We also consider whether, under the circumstances of this case, a 24-month gap in the patient’s treatment with her initial physician requires a finding that the physician’s treatment is not continuous.
I. Relevant Facts
On June 29, 1999, the defendant, Dr. Neil Katz, a member of the defendant Westchester Eye Associates (hereinafter…
2Cases cited51 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- 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
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
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- Chambers v. MirkinsonAppellate Division of the Supreme Court of the State of New York · 2009
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