RODRIGUEZ v. MOUNT SINAI HOSP.

7938, 108217/05.

96 A.D.3d 534 (2012)

949 N.Y.S.2d 11

2012 NY Slip Op 4827

DIANA RODRIGUEZ, Appellant, v. THE MOUNT SINAI HOSPITAL, Respondent.

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

June 14, 2012.


Defendant met its burden on the motion by submitting evidence showing that plaintiff's claims relating to her mastectomy are time-barred (see CPLR 214-a; Cox v Kingsboro Med. Group, 88 N.Y.2d 904, 906 [1996]).

In opposition, plaintiff failed to raise a triable issue of fact as to whether the statute of limitations was tolled by the continuous treatment doctrine or the provisions of CPLR 208. With respect to the continuous...

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