VINES v. NEW YORK CITY HEALTH AND HOSPS. CORP.

Index No. 21721/12. Appeal No. 14121. Case No. 2019-5422.

195 A.D.3d 562 (2021)

2021 NY Slip Op 04096

Kevin Vines, as Administrator of the Estate of Carleen R. Walker-Vines, Deceased, Appellant, v. New York City Health and Hospitals Corp. et al., Defendants, and The Bronx-Lebanon Hospital Center et al., Respondents.

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

Decided June 24, 2021.


Attorney(s) appearing for the Case

Debra S. Reiser , New York, for appellant.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Nicholas Tam , of counsel), for respondents.

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


Plaintiff failed to raise an issue of fact as to whether the statute of limitations on the medical malpractice claims was tolled by the continuous treatment doctrine for the period preceding July 10, 2010. Plaintiff was first diagnosed with Thymoma on July 19, 2011, when chest imaging, including a chest X ray, revealed multiple masses. "Where, as here, a malpractice claim is predicated upon an alleged failure to properly diagnose a condition, the continuous treatment doctrine...

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