Legal Opinion
Shumway v. DeLaus
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1989PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Although the Second Department has held that a gap in treatment that exceeds the 21A-year period of limitations (see, CPLR 214-a) bars the application of the continuous course of treatment doctrine as a matter of law (see, Curdo v Ippolito, 97 AD2d 497, affd 63 NY2d 967; Barrella v Richmond Mem. Hosp., 88 AD2d 379; Bennin v Ramapo Gen. Hosp., 72 AD2d 736), the Court of Appeals found it unnecessary to adopt that holding (see, Curdo v Ippolito, 63 NY2d 967, 969, supra). We decline to adopt such rule in this department. Instead, we adhere to the…
2Cases cited5 opinions
- Richardson v. OrentreichNew York Court of Appeals · 1985
- Barrella v. Richmond Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1982
- Curcio v. IppolitoNew York Court of Appeals · 1984
- Bennin v. Ramapo General HospitalAppellate Division of the Supreme Court of the State of New York · 1979
- Curcio v. IppolitoAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by7 opinions
- Lohnas v. LuziCourt for the Trial of Impeachments and Correction of Errors · 2018
- Neureuther v. CalabreseAppellate Division of the Supreme Court of the State of New York · 1993
- Scribner v. HarveyAppellate Division of the Supreme Court of the State of New York · 1997
- Bellamy v. BaronAppellate Division of the Supreme Court of the State of New York · 2021
- Fabio v. BellomoSupreme Court of Minnesota · 1993
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