Massie v. Crawford

Carro and Smith, JJ.,

dissent in a memorandum by Smith, J., as follows: I would reverse the order of the IAS court and grant partial summary judgment to the defendant Crawford.

On this appeal from the denial of defendant Crawford’s motion for summary judgment, the issue presented is whether plaintiffs submissions in opposition to the motion establish a nexus between the January 1984 treatment in which the disease was diagnosed and prior treatments by defendant doctor sufficient to raise a question of fact as to defendant *450doctor’s continuous treatment of plaintiff for the "same” illness or…