New York Court of Appeals

Jonathan Meath, as Coadministrators of the Estate of Ellen R. Meath v. Abdullah H. Mishrick, and Joseph Tagliamonti

November 25, 198668 N.Y.2d 992

Summary

The New York Court of Appeals affirmed the Appellate Division’s summary‑judgment rulings dismissing the claims against the pathologist and the hospital, holding that continuous treatment by the treating physician does not extend the statute of limitations against an independent pathology laboratory or the hospital, and that summary judgment is not defeated by the plaintiff’s failure to conduct discovery. The court also declined to follow certain prior cases that it deemed inapplicable.