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WARING v. KINGSTON DIAGNOSTIC RADIOLOGY CENTER

13 A.D.3d 1024 (2004)

786 N.Y.S.2d 832

TRACY WARING, Individually and as Administrator of the Estate of VIVIAN MORRIS, Also Known as VIVIAN KROM, Deceased, Respondent, v. KINGSTON DIAGNOSTIC RADIOLOGY CENTER, Also Known as KINGSTON DIAGNOSTIC CENTER, et al., Defendants, and HUDSON VALLEY RADIOLOGY ASSOCIATES, P.L.L.C., et al., Appellants.

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

December 30, 2004.

Mugglin, J.

In this medical malpractice action, Supreme Court found that questions of fact exist as to whether the continuous treatment toll of the statute of limitations preserves plaintiff's claims against defendant Hudson Valley Radiology Associates, P.L.L.C. (hereinafter HVRA) and its employee, defendant David Ryon. Decedent died of metastatic lung cancer on August 6, 2001. Plaintiff, individually and as administrator...

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