McMANUS v. LIPTON

10067, 107947/07.

107 A.D.3d 463 (2013)

967 N.Y.S.2d 691

2013 NY Slip Op 4277

JEANNE McMANUS, Individually and as Administratrix of the Estate of DENIS McMANUS, Deceased, Respondent, v. MARK S. LIPTON, M.D., et al., Appellants.

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

Decided June 11, 2013.


Plaintiff commenced this action on June 6, 2007, alleging that defendant Lipton departed from accepted medical practice by failing to order a diagnostic CT scan and a pulmonological work-up when plaintiff's decedent presented to NYU Medical Center in September 2004 with symptoms of shortness of breath and edema, inter alia. The 2½-year statute of limitations on medical malpractice claims was not tolled by the continuous treatment doctrine for the period before December...

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