Legal Opinion
Sposato v. Di Giacinto
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1998PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about October 11, 1996, granting defendant’s motion for summary judgment dismissing the complaint on the grounds that plaintiffs claims were time-barred pursuant to CPLR 214-a, unanimously affirmed, without costs.
Plaintiff failed to establish the applicability of the continuous treatment doctrine (Allende v New York City Health & Hosps. Corp., 90 NY2d 333). Plaintiff did not have an appointment to return to defendant after her last visit with him on March 4, 1992. Nor was her return to defendant’s office one year later…
2Cases cited3 opinions
- Allende v. New York City Health & Hospitals Corp.New York Court of Appeals · 1997
- De Peralta v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Hall v. LuthraAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
- Schloss v. Albany Medical CenterAppellate Division of the Supreme Court of the State of New York · 2000
- Gehbauer v. BakerAppellate Division of the Supreme Court of the State of New York · 2002
- Simmons v. Boro Medical, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
- Jianfeng Jiang v. Xue Chao WeiAppellate Division of the Supreme Court of the State of New York · 2017