Legal Opinion · Dissent

Prinz-Schwartz v. Levitan

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 2005Published

1DissentBuckley, P.J.

I would affirm Supreme Court’s dismissal of any medical malpractice claims accruing prior to June 10, 1999, 21h years before commencement of the action.

Plaintiff s annual breast examinations, and two semi-annual examinations, from 1988 through 1998 constituted routine, periodic examinations and not a continuous course of treatment for a particular condition (see Nykorchuck v Henriques, 78 NY2d 255 [1991]; Massie v Crawford, 78 NY2d 516 [1991]; Shiffman v Harris, 280 AD2d 752 [2001]). The fact that certain irregularities were noted in 1988, 1992 and 1995 does not alter that *180conclusion, since…

2Cases cited4 opinions

  1. Nykorchuck v. HenriquesNew York Court of Appeals · 1991
  2. Massie v. CrawfordNew York Court of Appeals · 1991
  3. Oksman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  4. Shiffman v. HarrisAppellate Division of the Supreme Court of the State of New York · 2001

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API