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Newman v. Orentreich

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 546 (N.Y. App. Div. 1991)

Opinion

January 22, 1991

Appeal from the Supreme Court, New York County (Helen Freedman, J.).


Plaintiff Pearl Newman received a series of silicone injections to her face for treatment of acne scars and the effects of aging. The series of injections was completed in 1977. Mrs. Newman returned to the defendant in 1983, complaining that a plastic surgeon had advised her that the silicone in her face could not be removed, and complaining that the injections had disfigured her. She commenced this action by service on the defendant in December of 1985.

The IAS court properly concluded that all of the plaintiffs' causes of action are time barred. The "continuous treatment" doctrine (McDermott v Torre, 56 N.Y.2d 399) is not applicable, since there is no indication that the physician and patient contemplated the patient's uninterrupted reliance on the physician's observation, directions, concern and responsibility of overseeing the patient's progress (cf., Massie v Crawford, 160 A.D.2d 447, 449, appeal dismissed 76 N.Y.2d 851). The cause of action for fraud is time barred, even under the two-year Statute of Limitations based on discovery (CPLR 203 [f]). The record shows that the plaintiffs discovered the silicone no later than June 1983, more than two years prior to service on the defendant.

We have reviewed the plaintiffs' remaining arguments, and find them to be without merit.

Concur — Carro, J.P., Wallach, Asch and Rubin, JJ.


Summaries of

Newman v. Orentreich

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 546 (N.Y. App. Div. 1991)
Case details for

Newman v. Orentreich

Case Details

Full title:PEARL G. NEWMAN et al., Appellants, v. NORMAN ORENTREICH, Respondent

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

Date published: Jan 22, 1991

Citations

169 A.D.2d 546 (N.Y. App. Div. 1991)
564 N.Y.S.2d 731

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