Payette v. Rockefeller University
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.,
The issue on this appeal is whether the complaint, asserting a single cause of action against Rockefeller University for the careless, unskillful and negligent design, prescription, supervision and control of a dietary regimen, is governed by the three-year Statute of Limitations applicable to negligence actions or the 21/2-year statute applicable to medical malpractice actions. The IAS Court, finding that the latter applied and that the action was necessarily barred, dismissed the complaint.
On or about June 13, 1990, plaintiff, age 27, a summer research…
2Cases cited13 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Scott v. UljanovNew York Court of Appeals · 1989
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
- Stanley v. LebetkinAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by20 opinions
- Weiner v. Lenox Hill HospitalNew York Court of Appeals · 1996
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- D'Elia v. Menorah Home & Hospital for the Aged and InfirmAppellate Division of the Supreme Court of the State of New York · 2008
- Razzaque v. Krakow Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Bazakos v. LewisNew York Court of Appeals · 2009
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