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CAPUANO v. JACOBS

33 A.D.2d 743 (1969)

Ethyl Capuano, Respondent, v. Herbert M. Jacobs et al., Defendants, and New York Polyclinic Hospital, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 4, 1969

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 under 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 malpractice...

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