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WALPOLE v. WHITSELL

110 Misc.2d 508 (1981)

Arline D. Walpole et al., Plaintiffs, v. John Whitsell et al., Defendants.

Supreme Court, Special Term, New York County.

August 31, 1981

Attorney(s) appearing for the Case

O'Connor & Hayes for defendants. Glaser & Blitz for plaintiffs.

RICHARD S. LANE, J.

This motion seeks summary judgment dismissing plaintiff's medical malpractice action as barred by the Statute of Limitations. Plaintiff in opposition relies on an apparently novel extension of the doctrine of continuous treatment (Borgia v City of New York, 12 N.Y.2d 151).

Plaintiff's family physician, Dr. Thomas Parks, recommended the excision and biopsy of an apparent mass in plaintiff...

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