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Koenigsberg v. Tannous

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 734 (N.Y. App. Div. 1996)

Opinion

March 25, 1996

Appeal from the Supreme Court, Nassau County (McCaffrey, J.).


Ordered that the order, as amended, is affirmed insofar as appealed from, with costs.

The Supreme Court correctly determined that there was an issue of fact regarding whether the visits of the plaintiff's decedent to the offices of the appellants between October 19, 1983, and January 25, 1990, were for "routine examinations", such that the Statute of Limitations was not tolled, or whether they were for "continuous treatment" for "the same condition which gave rise to the claim of malpractice", sufficient to toll the Statute of Limitations ( McDermott v Torre, 56 N.Y.2d 399; see, Bartolo v Monaco, 202 A.D.2d 535; Yelin v American Dental Ctr., 184 A.D.2d 693, 695; Patterson v Minehan, 180 A.D.2d 241; see also, Ganess v City of New York, 85 N.Y.2d 733, 736). Copertino, J.P., Pizzuto, Friedmann and McGinity, JJ., concur.


Summaries of

Koenigsberg v. Tannous

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 734 (N.Y. App. Div. 1996)
Case details for

Koenigsberg v. Tannous

Case Details

Full title:ROBERT KOENIGSBERG, Individually and as Administrator of the Estate of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 25, 1996

Citations

225 A.D.2d 734 (N.Y. App. Div. 1996)
639 N.Y.S.2d 947

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