Sciscio v. Yadav

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore LAZER
Citation507 N.Y.S.2d 902,124 A.D.2d 652
PartiesLeonard SCISCIO, et al., Appellants, v. Ranvir S. YADAV, Respondent.
Decision Date10 November 1986

Sullivan, Spota & O'Rourke, Commack (Vincent A. Malito, of counsel), for appellants.

Rivkin, Radler, Dunne & Bayh, Garden City (Frank L. Amoroso, Erica B. Garay and Thomas J. McGowan, of counsel), for respondent.



In an action to recover damages for personal injuries, etc., sustained as a result of alleged medical malpractice, the plaintiffs appeal from (1) an order of the Supreme Court, Nassau County (Roberto, J.), dated March 13, 1985, which denied their motion to dismiss the defendant's affirmative defense of the Statute of Limitations, and (2) an order of the same court, dated May 2, 1985, which granted the defendant's motion to dismiss the complaint as time barred, and denied their cross motion for reargument of their motion to dismiss the defendant's affirmative defense.

Justice Spatt has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2[c] ).

ORDERED that the appeal from so much of an order dated May 2, 1985, as denied the plaintiffs' cross motion for reargument is dismissed, without costs or disbursements, as no appeal lies from the denial of reargument; and it is further,

ORDERED that the order dated March 13, 1985, is affirmed and the order dated May 2, 1985, is affirmed insofar as reviewed, without costs or disbursements.

The plaintiff Leonard Sciscio first visited the defendant in October or November 1980 complaining of a minor urinary tract infection. The defendant prescribed a sulfur-based drug for Mr. Sciscio, and Mr. Sciscio developed a severe allergic reaction to the drug. Several days after Mr. Sciscio began developing his allergic symptoms, the defendant visited him at home, and called an ambulance for him, which took him to Nassau County Medical Center on December 5, 1980. The plaintiffs concede that the defendant did not treat Mr. Sciscio in the hospital, and merely allege that Mr. Sciscio saw the defendant through the window of the door of his hospital room at one point during his hospital stay. On that occasion, Mr. Sciscio saw the defendant looking at his hospital chart. Mr. Sciscio was discharged from the hospital December 23, 1980, and the plaintiffs commenced the instant action June 8, 1983, alleging that the defendant knew or in the exercise of reasonable care should have known that Mr. Sciscio was allergic to sulfur-based drugs.

This appeal brings up for review whether the doctrine of continuous treatment is applicable to Mr. Sciscio's hospital stay. We find the doctrine...

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2 cases
  • Maddaloni v. Maddaloni
    • United States
    • New York Supreme Court Appellate Division
    • August 24, 2016 a pendente lite award of maintenance (see Anderson v. Anderson, 50 A.D.3d at 610, 855 N.Y.S.2d 194 ; Samuelsen v. Samuelsen, 124 A.D.2d at 652, 508 N.Y.S.2d 36 ; Zoda v. Zoda, 121 A.D.2d 380, 503 N.Y.S.2d 90 ).The parties in this action for a divorce and ancillary relief were married in ......
  • Castelli v. Nassau County Medical Center
    • United States
    • New York Supreme Court Appellate Division
    • November 10, 1997
    ...78 N.Y.2d 255, 573 N.Y.S.2d 434, 577 N.E.2d 1026; Massie v. Crawford, 78 N.Y.2d 516, 577 N.Y.S.2d 223, 583 N.E.2d 935; Sciscio v. Yadav, 124 A.D.2d 652, 507 N.Y.S.2d 902). Accordingly, the commencement of the action on June 21, 1994, was untimely, and the defendants' motion for summary judg......

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