Jaffee v. New York Hospital

Appellate Division of the Supreme Court of New York

Jaffee v. New York Hospital

202 A.D.2d 276, 608 N.Y.S.2d 658

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

DecidedMarch 15, 1994

StatusPublished

Cited by3 cases

This text of 202 A.D.2d 276 (Jaffee v. New York Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jaffee v. New York Hospital, 202 A.D.2d 276, 608 N.Y.S.2d 658 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered on or about December 14, 1992, insofar as it granted defendant’s motion to dismiss as time-barred any claims of malpractice occurring prior to May 28, 1981, unanimously affirmed, without costs.

Since the complaint was served more than 10 years after the alleged misdiagnosis on May 25, 1980, as well as more than 10 years after the return visits in 1980, all claims relating to those visits were properly dismissed as time barred (CPLR 208), even if those visits constituted, as plaintiff contends, "distinct” acts of malpractice. In any event, the record [277]*277indicates that the 1980 return visits were for continuous treatment of the original diagnosis of H. influenza meningitis and septic arthritis; as the IAS Court noted, "[b]ased on Daniel J. v New York City Health & Hospitals Corp., 77 NY2d 630 (1991) the infant toll (CPLR 208) and the continuous treatment toll (CPLR 214-a) do not run consecutively”. Concur —Rosenberger, J. P., Asch, Rubin, Williams and Tom, JJ.

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—Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered on or about December 14, 1992, insofar as it granted defendant’s motion to dismiss as time-barred any claims of malpractice occurring prior to May 28, 1981, unanimously affirmed, without costs.

Since the complaint was served more than 10 years after the alleged misdiagnosis on May 25, 1980, as well as more than 10 years after the return visits in 1980, all claims relating to those visits were properly dismissed as time barred (CPLR 208), even if those visits constituted, as plaintiff contends, "distinct” acts of malpractice. In any event, the record [277]*277indicates that the 1980 return visits were for continuous treatment of the original diagnosis of H. influenza meningitis and septic arthritis; as the IAS Court noted, "[b]ased on Daniel J. v New York City Health & Hospitals Corp., 77 NY2d 630 (1991) the infant toll (CPLR 208) and the continuous treatment toll (CPLR 214-a) do not run consecutively”. Concur —Rosenberger, J. P., Asch, Rubin, Williams and Tom, JJ.

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Bluebook (online)

202 A.D.2d 276, 608 N.Y.S.2d 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaffee-v-new-york-hospital-nyappdiv-1994.

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