Legal Opinion

Daniel J. v. New York City Health & Hospitals Corp.

New York Court of Appeals

Decided April 30, 1991PublishedCited by 47 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Petitioner instituted this proceeding on behalf of an infant allegedly injured as a result of the inadequate diagnosis and treatment by respondent hospital. The issue is whether the maximum 10-year extension of the Statute of Limitations afforded to infants by CPLR 208 runs from the initial negligent act or from the end of any period of subsequent continuous treatment.

On November 17, 1978 petitioner Ann Mary J. gave birth to Daniel J. at Cumberland Hospital, an institution operated by respondent New York City Health and Hospitals Corporation. On December 4, 1978…

2Cases cited4 opinions

  1. McDermott v. TorreNew York Court of Appeals · 1982
  2. Borgia v. City of New YorkNew York Court of Appeals · 1962
  3. Rizk v. CohenNew York Court of Appeals · 1989
  4. Suria v. ShiffmanNew York Court of Appeals · 1986

3Cited by47 opinions

  1. Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
  2. Massie v. CrawfordNew York Court of Appeals · 1991
  3. Kurz v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Williams v. New York City Health and Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Ganess v. City of New YorkNew York Court of Appeals · 1995

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