SIMPSON v. BRONX CROSS COUNTY MEDICAL GROUP, P. C.


288 A.D.2d 109 (2001)

733 N.Y.S.2d 340

GARET SIMPSON, Respondent, v. BRONX CROSS COUNTY MEDICAL GROUP, P. C., et al., Defendants, and BARBARA EDELSTEIN, Appellant.

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

Decided November 20, 2001.


The affidavit of plaintiff's expert radiologist raises an issue of fact concerning appellant's liability for plaintiff's injuries (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324, 327). Concerning the Statute of Limitations, the prior order of another Justice, which held that issues of fact precluded determination as to whether the continuous treatment doctrine applied to make the action timely as against appellant, did not create...

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