Legal Opinion
McDermott v. Torre
New York Court of Appeals
Decided June 15, 1982PublishedCited by 339 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
In an action for medical malpractice arising from a negligent act occurring before July 1, 1975 and where there has been continuous treatment extending beyond that date, the three-year Statute of Limitations applies rather than the shorter period of CPLR 214-a. The continuing treatment by the physician, however, cannot be imputed to an independent laboratory in the absence of an agency or other relevant relationship between the laboratory and doctor or some relevant continuing relation between the laboratory and the patient.
On May 10, 1974, plaintiff…
2Cases cited7 opinions
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Greene v. GreeneNew York Court of Appeals · 1982
- Ugarriza v. SchmiederNew York Court of Appeals · 1979
- Davis v. City of New YorkNew York Court of Appeals · 1975
- Fonda v. PaulsenAppellate Division of the Supreme Court of the State of New York · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by339 opinions
- Darrell R. Page v. United StatesCourt of Appeals for the D.C. Circuit · 1984
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
- Shumsky v. EisensteinNew York Court of Appeals · 2001
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
334 more not listed; retrieve them via the Exa API.