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ALLENDE v. NEW YORK CITY HEALTH & HOSPS. CORP.

228 A.D.2d 229 (1996)

644 N.Y.S.2d 18

Rosaura Allende, Also Known as Rosaura Rivera, Respondent, v. New York City Health and Hospitals Corporation, Appellant

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

June 11, 1996

Defendant's current arguments as to plaintiff's time for serving a notice of claim was not tolled by continuous treatment were previously raised in an interlocutory appeal (197 A.D.2d 371), where we found the issue to be a question of fact. We find that the trial court properly held plaintiff established continuous treatment as a matter of law for the gangrenous condition that developed in her fingers while she was under the care of defendant...

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