Iss. 4 (2010)
Recent Statute of Limitations Developments in the New York Court of Appeals
Jay C. Carlisle II, Pace University School of LawFollow
This article analyzes recent developments in the statute of limitations case law under New York Civil Practice Law and Rules Article II and two related New York Court of Appeals decisions. Specifically, the article will examine the cases of Bazakos v. Lewis and Gotay v. Breitbart. In Bazakos, the Court of Appeals held that a claim against a doctor for his alleged negligence in performing an independent medical examination was governed by the two-year and six-month medical malpractice statute of limitations. In Gotay, the Court of Appeals held that the continuous representation doctrine did not toll the running of a three-year statute of limitations in a malpractice claim against a lawyer. Both decisions demonstrate the Court of Appeals' adherence to a strict and rigid application of statutory time periods in favor of defendants and against plaintiffs.
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