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DAVIS v. CITY OF NEW YORK

38 N.Y.2d 257 (1975)

Joseph Davis, Individually and as Administrator of The Estate of Billie Davis, Deceased, Appellant, v. City of New York, Respondent. (And Another Action.)

Court of Appeals of the State of New York.

Decided December 22, 1975.

Attorney(s) appearing for the Case

Herman Schmertz for appellant.

W. Bernard Richland, Corporation Counsel (Irving Cohen and L. Kevin Sheridan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion

Per Curiam.

The order of the Appellate Division should be affirmed. We conclude as a matter of law that the doctrine of continuous treatment (Borgia v City of New York, 12 N.Y.2d 151) may not be invoked in the circumstances disclosed in this record to defer the running of the statutory claim period.*

Decedent went to Ft. Greene Cancer Detection...

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