Lohnas v. Luzi
Court for the Trial of Impeachments and Correction of Errors
1Opinion of the CourtGarcia, J.
**754Summary judgment was properly denied, as there are triable issues of fact concerning whether the continuous treatment doctrine tolls the statute of limitations on plaintiff's claims.
Plaintiff was treated by defendant for chronic shoulder problems beginning in 1998. Defendant performed surgery on plaintiff in 1999 and five postoperative visits followed over the course of the next year. After a scheduled one-year post-surgery appointment, plaintiff did not see defendant until 19 months later, when she returned after experiencing increased pain in her shoulder. Defendant recommended…
2Cases cited6 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Massie v. CrawfordNew York Court of Appeals · 1991
- Bulger v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1999
- Shumway v. DeLausAppellate Division of the Supreme Court of the State of New York · 1989
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- Bellamy v. BaronAppellate Division of the Supreme Court of the State of New York · 2021
- Clifford v. KatesAppellate Division of the Supreme Court of the State of New York · 2019
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