Legal Opinion
McDermott v. Torre
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Birns, J.
These consolidated appeals present recurring and novel issues of law concerning the applicability of the doctrine of “continuous treatment” as it affects the tolling of the Statute of Limitations in medical malpractice actions.
As will be seen, those issues have coalesced in a complaint so drawn as to provide plaintiff, despite the passage of a protracted period of time, with a belated opportunity to recover damages.
The essential facts, taken from the allegations of the complaint (deemed true under CPLR 3211, subd [a], par 5, for the purposes of the motions sub…
2Cases cited5 opinions
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Davis v. City of New YorkNew York Court of Appeals · 1975
- Fonda v. PaulsenAppellate Division of the Supreme Court of the State of New York · 1975
- Chartener v. KiceDistrict Court, E.D. New York · 1967
- McQuinn v. St. Lawrence County LaboratoryAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by4 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Walters v. RinkerIndiana Court of Appeals · 1988
- Baker's Service v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1981
- Walpole v. WhitsellNew York Supreme Court · 1981