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MCDERMOTT v. TORRE

56 N.Y.2d 399 (1982)

Catherine McDermott, Respondent, v. Douglas Torre et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 15, 1982.

Attorney(s) appearing for the Case

William W. Haury, Jr., and George van Setter for Douglas Torre, appellant.

Alfred K. Kestenbaum, Matthew H. Ross and Betsy F. Woolf for Central Health Laboratories, Inc., and others, appellants.

David S. Gould and Gerald J. Mondora for respondent.

Hope S. Foster, of the District of Columbia Bar, admitted pro hac vice, for the American Clinical Laboratory Association, amicus curiae.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur with Chief Judge COOKE; Judge JASEN dissents in part and votes to reverse in a separate opinion.

Chief Judge COOKE.

In an action for medical malpractice arising from a negligent act occurring before July 1, 1975 and where there has been continuous treatment extending beyond that date, the three-year Statute of Limitations applies rather than the shorter period of CPLR 214-a. The continuing treatment by the physician, however, cannot be imputed to an independent laboratory in the absence of an agency or other...

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