ORSINI v. POSTEL


264 A.D.2d 339 (1999)

694 N.Y.S.2d 50

MORGAN ORSINI, Individually and as Administrator of the Estate of SUSAN CASPER, Deceased, et al., Respondents, v. STEVEN POSTEL, as Executor of ALLEN H. POSTEL, Deceased, Appellant.

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

Decided August 12, 1999.


Subsequent to defendant's decedent doctor's operation upon plaintiff's decedent to remove a malignant melanoma, plaintiff's decedent, at the doctor's instruction, returned from time to time over a period of years to the doctor's office for dermatological examinations during which the doctor routinely checked for a recurrence of melanoma. Since there is a triable issue of fact as to whether these post-operative examinations constituted continuous treatment for melanoma, the...

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