Heller v. Lublin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for dental malpractice, etc., the defendant appeals from an order of the Supreme Court, Kings County (Levine, J.), dated April 18, 2000, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that there is a triable issue of fact as to whether the treatment rendered by the defendant dentist more than 2xk years before the commencement of this action constituted a continuous course of treatment tolling the Statute of Limitations (see, Busti-O’Leary v Mancuso, 258 AD2d…
2Cases cited4 opinions
- Parker v. JankunasAppellate Division of the Supreme Court of the State of New York · 1996
- Lambos v. WeintraubAppellate Division of the Supreme Court of the State of New York · 1998
- Luthart v. DaneshAppellate Division of the Supreme Court of the State of New York · 1994
- Cerkvenik v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- Cohen v. GoldAppellate Division of the Supreme Court of the State of New York · 2018
- Staley v. LaFornaraAppellate Division of the Supreme Court of the State of New York · 2002