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MATTER OF BULGER v. NASSAU COUNTY MEDICAL CENTER

266 A.D.2d 212 (1999)

697 N.Y.S.2d 345

In the Matter of SHERRI R. BULGER, Respondent, v. NASSAU COUNTY MEDICAL CENTER, Appellant.

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

Decided November 1, 1999.

Ordered that the order is reversed, on the law, with costs, and the petitioner's application for leave to serve a late notice of claim is denied.

The Supreme Court incorrectly concluded that the continuous treatment doctrine applies to the facts of this case. Where the gap between treatments "exceed[s] the applicable Statute of Limitations period, the continuity of treatment [is] broken", and the continuous treatment doctrine does not apply (Michaels-Dailey v Shamoian...

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