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BATISTE v. BROOKLYN HOSP. CTR.

255 A.D.2d 474 (1998)

680 N.Y.S.2d 630

Darryl Batiste, Respondent, v. Brooklyn Hospital Center et al., Appellants

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

November 23, 1998

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The instant medical malpractice action was commenced against the defendants on May 18, 1995. CPLR 214-a provides for the tolling of the 2½ year Statute of Limitations in medical malpractice cases where there is "continuous treatment for the same illness, injury or condition". In this case, the defendant Dr. Aizid I. Hashmat performed surgery on the...

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