Harris v. North Shore University Hospital
Cases that cite this one
9 later published cases cite this decision.
- Aurecchione v. Falco (District Court, S.D. New York 2022)
- Hogan v. Fischer (2d Cir. 2013)
- Rosales v. Pepes Rest Group LLC(d/b/a/ Tio Pepe) (District Court, S.D. New York 2025)
- 806 Seneca Ave. Assoc., LLC v. King (NYC Civil Court, Queens 2025)
- Baptiste v. Suffolk County (District Court, E.D. New York 2022)
- Hart v. County of Suffolk (District Court, E.D. New York 2020)
- Rosenthal v. Jenny Ching So (Appellate Division of the Supreme Court of New York 2010)
- Comice v. Justin's Restaurant (Appellate Division of the Supreme Court of New York 2010)
- Redmond v. Jamaica Hospital Medical Center (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion to dismiss the complaint insofar as asserted against the appellant, and substituting therefor a provision granting the motion; as so modified, the order is affirmed, with costs to the defendant Douglas Carras, and the action against the remaining defendant is severed.
On July 19, 2001, the plaintiff was admitted to the North Shore University Hospital at Syosset for gall bladder removal surgery. More than 21/2 years after the surgery, the plaintiff commenced this action against the hospital and anesthesiologist Douglas Carras, sued herein as “John Doe,” contending that Dr. Carras injured her vocal cords while administering anesthesia. Dr. Carras thereafter moved to dismiss the complaint insofar as asserted against him upon the ground, inter alia, that it was time-barred. In opposition, the plaintiff contended that the continuous treatment doctrine tolled the statute of limitations during the period of time after surgery that she remained under the care of the physician who had performed the operation. The Supreme Court found that the continuous treatment doctrine was applicable, and denied Dr. Carras’s motion to dismiss. The court additionally granted a cross motion by the plaintiff to amend the caption to include Dr. Carras’s true name.
The Supreme Court properly granted the plaintiffs cross motion to amend the caption to include Dr. Carras’s true name, since she demonstrated that she made genuine and timely efforts to ascertain his identity before suing him under a fictitious name (see Luckern v Lyonsdale Energy Ltd. Partnership, 229 AD2d 249 [1997]; cf. Scoma v Doe, 2 AD3d 432 [2003]; Fountain v Ocean View II Assoc., 266 AD2d 339 [1999]).
However, in order to impute one physician’s treatment of a patient to another physician for purposes of the continuous treatment doctrine, there must be evidence of “an agency or other relevant relationship” between the two physicians (Meath v Mishrick, 68 NY2d 992, 994 [1986]; McDermott v Torre, 56 NY2d 399 [1982]; see also Conway v Nassau County Med. Ctr.,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.