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McINNIS v. BLOCK

268 A.D.2d 509 (2000)

702 N.Y.S.2d 358

LEIGHTON McINNIS, Individually and as Administrator of the Estate of PAULETTE McINNIS, Deceased, Plaintiff, v. MICHAEL S. BLOCK et al., Defendants. (Action No. 1.) LEIGHTON McINNIS, Individually and as Administrator of the Estate of PAULETTE McINNIS, Deceased, Respondent, v. JOHN F. LUNDIE et al., Appellants. (Action No. 2.)

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

Decided January 24, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and Action No. 2 is dismissed.

One of the elements of continuous treatment is that further treatment is explicitly anticipated by both the physician and patient, as manifested in the form of a regularly scheduled appointment for the near future, agreed upon during the last visit, in conformance with the periodic appointments which characterized the treatment...

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