Legal Opinion

Cardenales v. Queens-Long Island Medical Group, P.C.

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

Decided March 11, 2008Published

1Opinion of the Court

*586The contention of the defendants Donald Nicolardi and Liviu Schapira that the continuous treatment doctrine did not toll the statute of limitations as against them, has already been resolved against them by this Court’s prior holding (see Cardenales v Queens-Long Is. Med. Group, P.C., 18 AD3d 689 [2005]; White v Murphy, 290 AD2d 704 [2002]).

We reject the argument of Nicolardi and Schapira that they established their entitlement to judgment as a matter of law *587pursuant to CPLR 4404 (a). Viewing the evidence in the light most favorable to the plaintiff, rational jurors could conclude that these…

2Cases cited6 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  3. O'Boyle v. Avis Rent-A-Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Speciale v. AchariAppellate Division of the Supreme Court of the State of New York · 2006
  5. Cardenales v. Queens-Long Island Medical Group, P.C.Appellate Division of the Supreme Court of the State of New York · 2005

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