New York Court of Appeals

Rosaura Allende, Also Known as Rosaura Rivera, Respondent v. New York City Health and Hospitals Corporation, Appellant

June 17, 199790 N.Y.2d 333

Summary

The Court held that the continuous treatment doctrine does not toll the 90‑day notice‑of‑claim period where the plaintiff lacked intent to return to the original hospital and received subsequent care at a different facility, and that mere common ownership of hospitals does not create the requisite relationship for the doctrine; consequently the plaintiff’s notice was untimely and the complaint was dismissed. The Court reversed the Appellate Division.