Legal Opinion

Coyne v. Bersani

Appellate Division of the Supreme Court of the State of New York

Decided May 25, 1983PublishedCited by 7 opinions

1Opinion of the Court

Order affirmed, without costs. Memorandum: Plaintiff’s medical malpractice action against defendant was dismissed because it was not commenced within the applicable Statute of Limitations. She contends that treatment by subsequent physicians should be imputed to her initial treating physician to toll the *962statute. However, imputing the latter physician’s treatment to the defendant under these facts, would constitute an unwarranted extension of the doctrine of continuous treatment (see Florio v Cook, 65 AD2d 548, affd 48 NY2d 792; Fonda v Paulsen, 46 AD2d 540). It is clear from the record that…

2Cases cited5 opinions

  1. McDermott v. TorreNew York Court of Appeals · 1982
  2. Fonda v. PaulsenAppellate Division of the Supreme Court of the State of New York · 1975
  3. Barrella v. Richmond Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1982
  4. Florio v. CookNew York Court of Appeals · 1979
  5. Florio v. CookAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by7 opinions

  1. Watkins v. FrommAppellate Division of the Supreme Court of the State of New York · 1985
  2. Robinson Ex Rel. Robinson v. Mount Sinai Medical CenterWisconsin Supreme Court · 1987
  3. De Peralta v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 1986
  4. Kearney v. GVGHA (Genesee Valley Group Health Ass'n)New York Supreme Court · 1984
  5. Guarino v. SharzerAppellate Division of the Supreme Court of the State of New York · 2001

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