Legal Opinion
Owen v. Mackinnon
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 2004PublishedCited by 4 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for medical mal*685practice, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated June 3, 2003, which denied her motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
As a general rule, the limitations period for a medical malpractice action runs from the date of the last act constituting the basis of the claim, and not from the date of discovery of the resulting injury (see Rockefeller v Moront, 81 NY2d 560 [1993]; Rodriguez v Manhattan Med. Group, 77 NY2d 217…
2Cases cited8 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Rockefeller v. MorontNew York Court of Appeals · 1993
- Harkin v. CulletonAppellate Division of the Supreme Court of the State of New York · 1990
- Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
- LaBarbera v. New York Eye & Ear InfirmaryNew York Court of Appeals · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Vigliotti v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2005
- Philip F. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 2010
- Martino v. PanosAppellate Division of the Supreme Court of the State of New York · 2015
- Ducillo v. Hudson Valley at Saint Francis, LLCAppellate Division of the Supreme Court of the State of New York · 2015