Robert L. Watkins et al., Respondents,
v.
Stephen R. Fromm et al., Appellants, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
May 6, 1985
May 6, 1985
Attorney(s) appearing for the Case
Martin, Clearwater & Bell (Kevin M. Solan of counsel), for appellants.
McCoy & Agoglia, P. C. (Kathleen M. Beckett and Emmet J. Agoglia of counsel), for respondents.
GIBBONS, J., concurs with NIEHOFF, J.; BROWN, J. (concurring in part and dissenting in part), votes to modify the order appealed from by adding thereto a provision searching the record upon the motion of defendants Fromm and Sarno for summary judgment and thereupon granting summary judgment dismissing the defense of the Statute of Limitations asserted by said defendants, and to affirm the order as so modified, with an opinion; TITONE, J. P. (dissenting), votes to grant the motion of defendants Fromm and Sarno for summary judgment dismissing the complaint as against them, with an opinion.
Appellate Division of the Supreme Court of the State of New York, Second Department.
NIEHOFF, J.
This appeal presents the novel question of whether a patient of a medical group, who allegedly has suffered injury by reason of the malpractice of doctors associated with the group, is entitled to the benefit of the "continuous treatment" doctrine as against the doctors alleged to have committed the acts of malpractice where the patient continues to receive treatment for the same illness, injury...
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