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CREQUE v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

Index No. 22957/16E. Appeal No. 13414. Case No. 2020-02550.

193 A.D.3d 542 (2021)

142 N.Y.S.3d 350

2021 NY Slip Op 02358

Teresa Creque, Appellant, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

Napoli Shkolnik, PLLC, Melville ( Seth Kornfeld of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Philip W. Young of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, González, JJ.

The record establishes that treatment of plaintiff's breasts prior to January 30, 2015, the period beyond the one-year-and-90-day statute of limitations, consisted of isolated incidents of routine examination. There is no evidence that either plaintiff or defendant expected her to return for further treatment after any of her annual mammograms conducted prior to that date. Accordingly, the continuous treatment doctrine does not...

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