PAYETTE v. ROCKEFELLER UNIV.


220 A.D.2d 69 (1996)

643 N.Y.S.2d 79

Michelle Payette, Appellant, v. Rockefeller University, Respondent

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

May 30, 1996


Attorney(s) appearing for the Case

Robert G. Harley of counsel, New York City (Richard Dreyfuss on the brief; Harley & Browne, attorneys), for appellant.

Dawn C. DeSimone of counsel, New York City (Fiedelman & Hoefling, Jericho; and Jacobowitz, Garfinkel & Lesman, attorneys), for respondent.

MILONAS, ELLERIN, NARDELLI and WILLIAMS, JJ., concur.


SULLIVAN, J. P.,

The issue on this appeal is whether the complaint, asserting a single cause of action against Rockefeller University for the careless, unskillful and negligent design, prescription, supervision and control of a dietary regimen, is governed by the three-year Statute of Limitations applicable to negligence actions or the 2½-year statute applicable to medical malpractice actions. The IAS Court...

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