Cole v. Syracuse Community Health Center, Inc.

Appellate Division of the Supreme Court of New York

Cole v. Syracuse Community Health Center, Inc.

209 A.D.2d 1005, 619 N.Y.S.2d 989, 1994 N.Y. App. Div. LEXIS 12030

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1994·Published·Cited by 3 cases

Opinion

—Order unanimously affirmed with costs. Memorandum: Because questions of fact at least arguably exist whether the continuous treatment doctrine tolled the Statute of Limitations and whether the treatment of decedent at the Syracuse Community Health Center can be imputed to defendant Leslie Emsden (see, e.g., Kearney v GVGHA, 125 Misc 2d 716, affd 115 AD2d 960; see also, Watkins v Fromm, 108 AD2d 233), the motion for summary judgment was properly denied. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J.—Summary Judgment.) Present—Green, J. P., Pine, Lawton, Callahan and Doerr, JJ.

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—Order unanimously affirmed with costs. Memorandum: Because questions of fact at least arguably exist whether the continuous treatment doctrine tolled the Statute of Limitations and whether the treatment of decedent at the Syracuse Community Health Center can be imputed to defendant Leslie Emsden (see, e.g., Kearney v GVGHA, 125 Misc 2d 716, affd 115 AD2d 960; see also, Watkins v Fromm, 108 AD2d 233), the motion for summary judgment was properly denied. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J.—Summary Judgment.) Present—Green, J. P., Pine, Lawton, Callahan and Doerr, JJ.

Cole v. Syracuse Community Health Center, Inc., 209 A.D.2d 1005, 619 N.Y.S.2d 989, 1994 N.Y. App. Div. LEXIS 12030 (N.Y. Ct. App. 1994).

Pincite

209 A.D.2d 1005 (Cole v. Syracuse Community Health Center, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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