Petrushansky v. New York City Health & Hospitals Corp.

In a medical malpractice action, defendant appeals from so much of an order of the Supreme Court, Kings County (Douglass, J.), dated March 10, 1983, as denied its motion for summary judgment. 11 Order affirmed insofar as appealed from, with costs. U We reject defendant’s contention that the continuous treatment doctrine may not toll the Statute of Limitations after service of a notice of claim, when the treatments continue past the time of the service. The patient must serve a notice of claim to preserve a potential lawsuit since said notice is a condition precedent to suit (Giblin v Nassau…