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GUDMUNDSON v. AXELROD

57 N.Y.2d 930 (1982)

Halldor Gudmundson et al., Appellants, v. Edward H. Axelrod, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 21, 1982.

Attorney(s) appearing for the Case

Malachy J. Duffy for appellants.

Kenneth R. Larywon for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and defendant's motion for summary judgment denied. Questions of fact exist as to when plaintiff's treatment was "completed" and as to whether the August 29, 1974 visit was a timely return visit within the scope of the continuous treatment doctrine enunciated in McDermott v Torre (56 N.Y.2d 399

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