ALLENDE v. NYCHHC


90 N.Y.2d 333 (1997)

683 N.E.2d 317

660 N.Y.S.2d 695

Rosaura Allende, Also Known as Rosaura Rivera, Respondent, v. New York City Health and Hospitals Corporation, Appellant.

Court of Appeals of the State of New York.

Decided June 17, 1997.


Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Ellen B. Fishman and Leonard Koerner of counsel), for appellant.

Seligson, Rothman & Rothman, New York City (Martin S. Rothman of counsel), and Irom, Wittels, Freund & Finley, Bronx (Glenn Finley and Alyne I. Diamond of counsel), for respondent.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


Chief Judge KAYE.

Did the continuous treatment doctrine toll the 90-day period in which plaintiff was required to file a notice of claim against defendant New York City Health and Hospitals Corporation (HHC)? Both because plaintiff's statements and actions indicate that she did not intend to return to the site of her initial treatment, and because the additional treatment she received at another HHC-owned hospital...

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