The following excerpt is from Miller v. National Cabinet Co., 168 N.E.2d 811, 204 N.Y.S.2d 129, 8 N.Y.2d 277 (N.Y. 1960):
Fracture of the left clavicle and contusion of the left shoulder and upper chest was likewise held to be insufficient to establish aggravation of breast cancer in Dennison v. Wing, 279 App.Div. 494, 110 N.Y.S.2d 811, supra. The court said, again per Peck, P. J., that the 'cancer must develop exactly at the site of the injury' (279 App.Div. at page 496, 110 N.Y.S.2d at page 813). The quandary which confronts a plaintiff or claimant in this type of case regarding the time factor was thus described: 'The type of cancer here involved was a very slow growing cancer. Plaintiff relies on that fact to account for the lapse of three and one-half years between the accident and the development of the cancer and as the explanation of why in the intervening three and one-half years she never called the breast pimple from which the cancer developed to the attention of any doctor. Nevertheless, in an attempt to connect the [8 N.Y.2d 287] cancer more proximately with the accident, plaintiff placed the discovery of the pimple from which the cancer grew at a time only two months after the accident * * *. We are satisfied that the breast cancer from which plaintiff unfortunately suffered was not caused by the accident.' 279 App.Div. at page 497, 110 N.Y.S.2d at page 813.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.