Lewis v. Rutkovsky

Tom, J.P.,

dissents in a memorandum as follows: While I agree with the majority that defendants showed good cause for the de minimis delay in the filing of their summary judgment motions, and that Supreme Court should have considered the motions on the merits, I would grant defendants’ motions for summary judgment as plaintiff failed to raise triable issues of fact as to the continuous treatment doctrine or that defendants committed medical malpractice. Accordingly, I respectfully dissent.

On March 5, 2010, plaintiff commenced this action against defendant Frederick D. Rutkovsky, M.D., her…