Young v. New York City Health & Hospitals Corp.

—Order, Supreme Court, New York County (Stanley Sklar, J.), entered September 14, 1995, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 and 3212 for failure to file a timely notice of claim, reversed, on the law, without costs, the motion denied and the complaint reinstated.

The dissent accurately portrays the facts; however, while it is well settled that treatment is deemed to be continuous for Statute of Limitations purposes " 'when further treatment is explicitly anticipated by both physician and patient’ ” (De Peralta v Presbyterian Hosp., 121 AD2d 346, 349…