New York Court of Appeals

Jermaine W. Plummer, an Infant, by His Mother and Natural Guardian, Sharon P. Heron v. New York City Health and…

June 11, 200298 N.Y.2d 263

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the continuous‑treatment doctrine does not apply because the infant’s medical care was not continuous. Consequently, the notice‑of‑claim was untimely and the plaintiff’s complaint was dismissed with summary judgment granted to the defendant.