Messina v. Alan Matarasso, M.D., F.A.C.S., P. C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*33OPINION OF THE COURT
Sullivan, P. J.
This appeal presents the issue of whether this action, which seeks damages for the negligent performance of a medical procedure, allegedly conducted without plaintiffs authorization or informed consent, sounds in battery, subject to a one-year Statute of Limitations (CPLR 215 [3]), or medical malpractice, subject to a 2V2-year Statute of Limitations (CPLR 214-a). Concededly, the action was not commenced within one year of its accrual, although it was commenced within the Statute of Limitations applicable in the circumstances presented to a medical…
2Cases cited12 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Cobbs v. GrantCalifornia Supreme Court · 1972
- Spinosa v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1991
- Mazzaferro v. Albany Motel Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Dries v. GregorAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by33 opinions
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- Berrios v. Our Lady of Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2005
- Salandy v. BrykAppellate Division of the Supreme Court of the State of New York · 2008
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