Pietromonaco v. Schwartzman

Miller, J. P.,

dissents and votes to reverse the order insofar as appealed from, with the following memorandum: I must respectfully dissent from the conclusion reached by my colleagues that no issues of fact exist as to the applicability of a continuous treatment toll. The record aptly demonstrates, based upon the deposition testimony of the individual defendant, that from the inception of the dentist-patient relationship, the defendants (hereinafter collectively referred to as Schwartzman) were providing treatment for the plaintiff Sheri Pietromonaco’s (hereinafter the plaintiff) periodontal…