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

Procedural entryThis page is a short order in Allende v. New York City Health & Hospitals Corp.. Read the opinion of the Court — 228 A.D.2d 229 →

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1993·Published

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.

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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197 A.D.2d 371 (Allende v. New York City Health & Hospitals Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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