Legal Opinion
Allende v. New York City Health & Hospitals Corp.
New York Court of Appeals
Decided June 17, 1997PublishedCited by 67 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Did the continuous treatment doctrine toll the 90-day period in which plaintiff was required to file a notice of claim against defendant New York City Health and Hospitals Corporation (HHC)? Both because plaintiff’s statements and actions indicate that she did not intend to return to the site of her initial treatment, and because the additional treatment she received at another HHC-owned hospital did not qualify as continuous treatment, we reverse the Appellate Division order and dismiss the complaint.
I
On April 12, 1985, at her personal physician’s…
2Cases cited16 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
- Rizk v. CohenNew York Court of Appeals · 1989
- Richardson v. OrentreichNew York Court of Appeals · 1985
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3Cited by67 opinions
- Shumsky v. EisensteinNew York Court of Appeals · 2001
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
- Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
- Gomez v. KatzAppellate Division of the Supreme Court of the State of New York · 2009
- Martinelli v. FusiSupreme Court of Connecticut · 2009
62 more not listed; retrieve them via the Exa API.