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JORGE v. HEALTH & HOSPS. CORP.

164 A.D.2d 650 (1991)

Lillian Jorge et al., Individually and as Parents of Emory E. White, an Infant, Appellants, v. New York City Health and Hospitals Corporation, Respondent

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

January 3, 1991

Attorney(s) appearing for the Case

Michael D'Agostino of counsel (Robert D. Becker, attorney), for appellants.

William J. Thom of counsel (Fay Leoussis with him on the brief; Victor A. Kovner, Corporation Counsel, attorney), for respondent.

CARRO, J. P., ROSENBERGER and ELLERIN, JJ., concur with KASSAL, J.; WALLACH, J., dissents in a separate opinion.

KASSAL, J.

Where an act of alleged medical malpractice consists of the misreading of the results of a sickle cell anemia test administered to a man solely in conjunction with the genetic counseling and prenatal care of the woman who will bear his child, the obstetric care rendered during that pregnancy constitutes continuous treatment for the purpose of tolling the Statute of Limitations.

In January...

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