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PLUMMER v. NY HEALTH & HOSPS.

98 N.Y.2d 263 (2002)

774 N.E.2d 712

746 N.Y.S.2d 647

JERMAINE W. PLUMMER, an Infant, by His Mother and Natural Guardian, SHARON P. HERON, et al., Respondents, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 2002.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Grace Goodman and Larry A. Sonnenshein of counsel), for appellant.

Kramer, Dillof, Livingston & Moore, New York City (Matthew Gaier and Norman Bard of counsel), for respondents.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

On this appeal, plaintiffs ask this Court to extend the continuous treatment doctrine from a single physician or related physicians to continuous treatment by an institution. Because the course of the infant's treatment was not truly continuous, we reverse without reaching the question of whether continuous treatment by an institution is a cognizable theory excusing the untimely...

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