Capuano v. Jacobs

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered October 28, 1968 in New York County upon a verdict rendered at a Trial Term, in a malpractice action.

Memorandum by the court.

Judgment affirmed, with $50 costs and disbursements to the plaintiff-respondent. Fair questions of fact were presented to the jury by the evidence adduced by both sides as to whether the action was commenced within the two-year Statute of Limitations mder the “ continuous treatment” theory (Borgia v. City of New York, 12 N Y 2d 151) and whether the defendant’s conduct, if it was found to be…