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RIZK v. COHEN

73 N.Y.2d 98 (1989)

Samy Rizk et al., Appellants, v. Noel L. Cohen et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1989.

Attorney(s) appearing for the Case

David B. Turret, Alfred S. Julien and Mary Elizabeth Burns for appellants.

Steven I. Brizel for Noel L. Cohen, respondent.

Howard R. Cohen for New York University Medical Center, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.

TITONE, J.

In this appeal, we once again address the doctrine of continuous treatment, which was first established in Borgia v City of New York (12 N.Y.2d 151) and was later codified in CPLR 214-a.1 We hold that the requirements of that doctrine are, as a matter of law, not satisfied when there has been mere reliance on a diagnosis, combined...

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