CARABALLO v. NEW YORK PRESBYT. HOSP./WEILL CORNELL MED. CTR.

Index No. 805123/18. Appeal No. 14521-14521A. Case Nos. 2021-01289, 2021-01290.

198 A.D.3d 594 (2021)

153 N.Y.S.3d 845

2021 NY Slip Op 05920

Jeremy Caraballo, Appellant, v. New York Presbyterian Hospital/Weill Cornell Medical Center, a Part of the New York Presbyterian Healthcare System Inc., Respondent, et al., Defendants.

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

Decided October 28, 2021.


Attorney(s) appearing for the Case

Hasapidis Law Offices, Scarsdale ( Annette G. Hasapidis of counsel), for appellant.

Keller, O'Reilly & Watson, P.C., Woodbury ( Patrick J. Engle of counsel), for respondent.

Concur—Renwick, J.P., González, Kennedy, Scarpulla, Rodriguez, JJ.


Plaintiff's last visit to the NYPH-affiliated endocrinology clinic was on July 28, 2015. The course of treatment continued through plaintiff's scheduled appointment on September 1, 2015, but terminated after he missed that appointment and did not reschedule (see Richardson v Orentreich, 64 N.Y.2d 896, 898-899 [1985]). As a result, this action was not timely filed. Even if the September...

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