In this action to recover damages for negligent failure to diagnose breast cancer, the Appellate Division, Second Department, in accordance with Horn Appellate Group’s arguments on appeal, reversed the lower court’s order dismissing the claim as time-barred, holding that the plaintiff received the benefit of the revival provision enacted in “Lavern’s Law,” the 2018 legislation by which New York first established the discovery rule in connection with the negligent failure to diagnose cancer.
