Thornton v. Roosevelt Hospital

Appellate Division of the Supreme Court of New York

Thornton v. Roosevelt Hospital

59 A.D.2d 680, 398 N.Y.S.2d 659, 1977 N.Y. App. Div. LEXIS 13614

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

DecidedOctober 20, 1977

StatusPublished

Cited by4 cases

This text of 59 A.D.2d 680 (Thornton v. Roosevelt 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

Thornton v. Roosevelt Hospital, 59 A.D.2d 680, 398 N.Y.S.2d 659, 1977 N.Y. App. Div. LEXIS 13614 (N.Y. Ct. App. 1977).

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Opinion

Orders, Supreme Court, New York County, entered, respectively, April 27 and 28, 1977, unanimously modified, on the law, to strike those portions granting leave to replead causes of action sounding in strict liability, and otherwise affirmed, without costs and without disbursements. Special Term, granting motions to dismiss causes for wrongful death as time-barred, granted leave to plead over, as indicated, in the belief that the action on the new cause would be timely. This case is based on injection of a substance into the decedent, allegedly resulting in the onset of cancer. The time of invasion of the decedent’s body, and not any later time, began the period to be measured by the Statute of Limitation, and any such cause would also be time-barred. (See Weinstein v General Motors Corp., 51 AD2d 335; Schwartz v Heyden Newport Chem. Corp., 12 NY2d 212; Schmidt v Merchants Desp. Transp. Co., 270 NY 287. Concur—Murphy, P. J., Birns, Markewich and Lynch, JJ.

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Orders, Supreme Court, New York County, entered, respectively, April 27 and 28, 1977, unanimously modified, on the law, to strike those portions granting leave to replead causes of action sounding in strict liability, and otherwise affirmed, without costs and without disbursements. Special Term, granting motions to dismiss causes for wrongful death as time-barred, granted leave to plead over, as indicated, in the belief that the action on the new cause would be timely. This case is based on injection of a substance into the decedent, allegedly resulting in the onset of cancer. The time of invasion of the decedent’s body, and not any later time, began the period to be measured by the Statute of Limitation, and any such cause would also be time-barred. (See Weinstein v General Motors Corp., 51 AD2d 335; Schwartz v Heyden Newport Chem. Corp., 12 NY2d 212; Schmidt v Merchants Desp. Transp. Co., 270 NY 287. Concur—Murphy, P. J., Birns, Markewich and Lynch, JJ.

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Bluebook (online)

59 A.D.2d 680, 398 N.Y.S.2d 659, 1977 N.Y. App. Div. LEXIS 13614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-roosevelt-hospital-nyappdiv-1977.

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