Epstein v. Srinivasan

Appellate Division of the Supreme Court of New York

Epstein v. Srinivasan

190 A.D.2d 547

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

DecidedFebruary 4, 1993

StatusPublished

Cited by1 cases

This text of 190 A.D.2d 547 (Epstein v. Srinivasan) 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

Epstein v. Srinivasan, 190 A.D.2d 547 (N.Y. Ct. App. 1993).

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Opinion

— Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about July 15, 1992, which granted, and denied, in part, defendant’s motion pursuant to CPLR 3212 for summary judgment, unanimously affirmed, without costs.

We agree with the IAS Court that plaintiff’s visits to defendant in 1978 and 1980 did not involve continuing efforts to treat a particular condition, and that the doctrine of continuous treatment (CPLR 214-a) therefore does not apply to those visits and the attendant diagnoses (Curdo v Ippolito, 63 NY2d 967; Nykorchuck v Henriques, 78 NY2d 255, 258-259). However, the same cannot be said, as a matter of law, for the visits in 1987 and 1989, by which time plaintiff’s condition had deteriorated severely. The action having been timely commenced with respect to the treatment given in 1989, summary judgment was properly denied with respect to the diagnosis made in 1987. Concur — Milonas, J. P., Ross, Asch and Rubin, JJ.

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— Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about July 15, 1992, which granted, and denied, in part, defendant’s motion pursuant to CPLR 3212 for summary judgment, unanimously affirmed, without costs.

We agree with the IAS Court that plaintiff’s visits to defendant in 1978 and 1980 did not involve continuing efforts to treat a particular condition, and that the doctrine of continuous treatment (CPLR 214-a) therefore does not apply to those visits and the attendant diagnoses (Curdo v Ippolito, 63 NY2d 967; Nykorchuck v Henriques, 78 NY2d 255, 258-259). However, the same cannot be said, as a matter of law, for the visits in 1987 and 1989, by which time plaintiff’s condition had deteriorated severely. The action having been timely commenced with respect to the treatment given in 1989, summary judgment was properly denied with respect to the diagnosis made in 1987. Concur — Milonas, J. P., Ross, Asch and Rubin, JJ.

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190 A.D.2d 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/epstein-v-srinivasan-nyappdiv-1993.

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