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COUCH v. COUNTY OF SUFFOLK

296 A.D.2d 194 (2002)

746 N.Y.S.2d 187

MADELINE COUCH, Appellant, v. COUNTY OF SUFFOLK et al., Respondents.

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

August 12, 2002.

Attorney(s) appearing for the Case

Robert Cherofsky, Nyack, for appellant.

Geisler & Gabriele, LLP, Garden City (Jeffrey P. DeGeorges of counsel), for County of Suffolk, respondent.

Farley, Holohan, Glockner & Toto, LLP, Mineola (John F. Toto and Elizabeth Weiss of counsel), for Brunswick Hospital Center, respondent.

FLORIO, FEUERSTEIN and CRANE, JJ., concur.

OPINION OF THE COURT

RITTER, J.P.

In a medical malpractice action, we are asked to determine, inter alia, whether the plaintiff raised a triable issue of fact as to whether the continuous treatment doctrine may be invoked against the defendant County of Suffolk (hereinafter the County), which owns and operates the Tri-County Community Health Center (hereinafter Tri-County). We hold that a triable issue of fact has been raised by the plaintiff's allegations...

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