Petito v. Roberts
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*744The Supreme Court properly granted that branch of the motion of the defendant Stephen Roberts which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against him. An action alleging medical malpractice “must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure” (CPLR 214-a).
Here, in support of his motion, Roberts established that the last time he treated the injured plaintiff was…
2Cases cited11 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
- Massie v. CrawfordNew York Court of Appeals · 1991
- Rizk v. CohenNew York Court of Appeals · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nisanov v. KhulpateeaAppellate Division of the Supreme Court of the State of New York · 2016
- Wright v. Southampton Hosp.Appellate Division of the Supreme Court of the State of New York · 2020
- Baltzer v. Westchester Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2022
- Caesar v. BrookmanNew York Supreme Court · 2016
- Hillary v. GersteinAppellate Division of the Supreme Court of the State of New York · 2019
3 more not listed; retrieve them via the Exa API.