BALENSWEIG v. MARCOVE


143 Misc.2d 170 (1989)

Carolyn Balensweig, as Administratrix of The Estate of Irene Smith, Deceased, Plaintiff, v. Ralph C. Marcove, Defendant.

Supreme Court, New York County.

March 23, 1989


Attorney(s) appearing for the Case

Norman Leonard Cousins for plaintiff. Martin, Clearwater & Bell (William J. Cleary of counsel), for defendant.


STANLEY L. SKLAR, J.

The main issue on this motion for partial summary judgment in an orthopedic malpractice action is the applicability of the continuous treatment exception to the Statute of Limitations. Does fact that the patient's son-in-law, with whom the patient was living, happens to be an orthopedic surgeon, who furnished some medical care to the patient, render the continuous treatment doctrine inapplicable...

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