MATTER OF COOPER v. KAPLAN


163 A.D.2d 215 (1990)

In the Matter of Sheryl Cooper, Appellant, v. Solomon Kaplan et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 17, 1990


In this medical malpractice action, plaintiff seeks to avoid the 2½-year Statute of Limitations period (CPLR 214-a) by invoking the doctrine of continuous treatment. (See, Borgia v City of New York, 12 N.Y.2d 151 [1962].) The doctrine of continuous treatment, however, is inapplicable to toll the Statute of Limitations in this case.

Defendant, a physician, prescribed Ortho-Novum 135 birth control pills for plaintiff...

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