McINNIS v. BLOCK


260 A.D.2d 554 (1999)

688 N.Y.S.2d 616

PAULETTE McINNIS et al., Respondents, v. MICHAEL S. BLOCK et al., Defendants, and RADIOLOGICAL ASSOCIATES, Appellant. (Action No. 1.) PAULETTE McINNIS et al., Respondents, v. RICHARD L. STAPEN et al., Defendants, and RADIOLOGICAL ASSOCIATES OF HEMPSTEAD GENERAL HOSPITAL, Appellant. (Action No. 2.)

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

Decided April 19, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaints are dismissed insofar as asserted against the appellant, and the actions against the remaining defendants are severed.

The appellant conducted mammograms on the plaintiff Paulette McInnis in 1991, 1993, and 1994. The Supreme Court erred when it found that the continuing treatment doctrine tolled the Statute of Limitations with respect to the 1991 and 1993 mammograms ...

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