Allende v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Allende v. New York City Health & Hospitals Corp.

197 A.D.2d 371, 603 N.Y.S.2d 737, 1993 N.Y. App. Div. LEXIS 9047

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 7, 1993

StatusPublished

This text of 197 A.D.2d 371 (Allende v. New York City Health & Hospitals Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allende v. New York City Health & Hospitals Corp., 197 A.D.2d 371, 603 N.Y.S.2d 737, 1993 N.Y. App. Div. LEXIS 9047 (N.Y. Ct. App. 1993).

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Opinion

—Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered August 3, 1992, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

What constitutes continuous treatment is a question to be resolved by the trier of fact (see, McDermott v Torre, 56 NY2d 399, 406), and on the record before us, we find that there remain questions of fact as to whether the treatments received at North Central Bronx Hospital were continuous to those received at Lincoln Hospital. Concur—Murphy, P. J., Kassal, Rubin and Nardelli, JJ.

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—Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered August 3, 1992, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

What constitutes continuous treatment is a question to be resolved by the trier of fact (see, McDermott v Torre, 56 NY2d 399, 406), and on the record before us, we find that there remain questions of fact as to whether the treatments received at North Central Bronx Hospital were continuous to those received at Lincoln Hospital. Concur—Murphy, P. J., Kassal, Rubin and Nardelli, JJ.

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Bluebook (online)

197 A.D.2d 371, 603 N.Y.S.2d 737, 1993 N.Y. App. Div. LEXIS 9047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allende-v-new-york-city-health-hospitals-corp-nyappdiv-1993.

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