BROWN v. ST. BARNABAS HOSP. FOR CHRONIC DISEASES


159 A.D.2d 674 (1990)

Lillian R. Brown, as Administratrix of The Estate of Frank Brown, Deceased, Appellant, v. St. Barnabas Hospital for Chronic Diseases, Defendant, and George S. Price et al., Respondents

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

March 26, 1990


Ordered that the order is affirmed, with costs.

The plaintiff, in opposition to the defendant physicians' motion for summary judgment, failed to raise any triable issues of fact as to whether the continuous treatment doctrine may be applied to toll the Statute of Limitations. Specifically, the plaintiff failed to tender sufficient proof to establish that the treatment rendered by the defendant physicians was for the same condition or illness as that for which the...

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