DILLER v. MUNCHMEYER


130 A.D.2d 868 (1987)

Russell Diller et al., Appellants, v. Louis Munchmeyer, Respondent

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

May 14, 1987


Harvey, J.

The sole issue on appeal is whether plaintiffs can successfully invoke the continuous treatment doctrine in order to avoid having their suit barred by the 2½-year Statute of Limitations applicable to medical malpractice actions (see, CPLR 214-a). Plaintiff Russell Diller (hereinafter plaintiff) last saw defendant for his heart condition in February 1982. He allegedly telephoned defendant's office on May 7, 1982 and received medical...

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