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Kutsak v. Herschitz

251 A.D.2d 550, 673 N.Y.S.2d 928, 1998 N.Y. App. Div. LEXIS 7512
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 22, 1998
StatusPublished

This text of 251 A.D.2d 550 (Kutsak v. Herschitz) 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
Kutsak v. Herschitz, 251 A.D.2d 550, 673 N.Y.S.2d 928, 1998 N.Y. App. Div. LEXIS 7512 (N.Y. Ct. App. 1998).

Opinion

—In an action to recover damages for medical malpractice, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated May 29, 1997, as granted that branch of the motion of the defendant Izak Herschitz which was for summary judgment dismissing all causes of action insofar as asserted against him that were based upon treatment rendered prior to December 3, 1988.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that the continuous treatment doctrine was inapplicable under the circumstances presented (see, CPLR 214-a; Young v New York City Health & Hosps. Corp., 91 NY2d 291; cf., Cox v Kingsboro Med. Group, 88 NY2d 904; Nykorchuck v Henriques, 78 NY2d 255, 259; Massie v Crawford, 78 NY2d 516, 519; Fauci v Wolan, 238 AD2d 305). Copertino, J. P., Thompson, Sullivan and Friedmann, JJ., concur.

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Related

Young v. New York City Health & Hospitals Corp.
693 N.E.2d 196 (New York Court of Appeals, 1998)
Cox v. Kingsboro Medical Group
669 N.E.2d 817 (New York Court of Appeals, 1996)
Nykorchuck v. Henriques
577 N.E.2d 1026 (New York Court of Appeals, 1991)
Massie v. Crawford
583 N.E.2d 935 (New York Court of Appeals, 1991)
Fauci v. Wolan
238 A.D.2d 305 (Appellate Division of the Supreme Court of New York, 1997)

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Bluebook (online)
251 A.D.2d 550, 673 N.Y.S.2d 928, 1998 N.Y. App. Div. LEXIS 7512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kutsak-v-herschitz-nyappdiv-1998.