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TURCIOS v. NEW YORK CITY HEALTH & HOSPS. CORP.

Index No. 20678/12. Appeal No. 13047. Case No. 2020-02014.

191 A.D.3d 450 (2021)

137 N.Y.S.3d 700

2021 NY Slip Op 00644

Jenie M. Chavez Turcios et al., Appellants, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Mitchell D. Kessler , New York, for appellants.

James E. Johnson , Corporation Counsel, New York ( Elizabeth I. Freedman of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.

Supreme Court correctly determined that the continuous treatment doctrine did not apply to toll the statutory period in which plaintiff was required to serve her notice of claim on defendant (see Allende v New York City Health & Hosps. Corp., 90 N.Y.2d 333, 337-338 [1997]). The post-stroke rehabilitative care that plaintiff received at Jacobi Medical Center did not constitute a continuation of treatment for the condition that...

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