MARMOL v. GREEN


7 A.D.3d 682 (2004)

777 N.Y.S.2d 512

EDWARD MARMOL, Respondent, v. STEVEN GREEN, Defendant, and ERNEST H. KIRCHMAN ET AL., Appellants.

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

May 17, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

Although the appellants demonstrated, prima facie, that the alleged malpractice occurred over a substantial period of time before the plaintiff served the notice of claim, and although "it is the rule in the Second Department that the continuous treatment doctrine is inapplicable where the interval of time between visits or treatments exceeds the applicable period of limitations" (Grellet...

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