DUFFY v. VOGEL


50 A.D.3d 319 (2008)

855 N.Y.S.2d 440

ELEANOR DUFFY, Appellant, v. JAMES M. VOGEL et al., Respondents, et al., Defendant.

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

Decided April 3, 2008.


Plaintiff failed to satisfy her burden of demonstrating the existence of triable issues of fact as to the applicability of the continuous treatment doctrine to toll the statute of limitations (Cox v Kingsboro Med. Group, 88 N.Y.2d 904 [1996]) with respect to her malpractice claims against the Vogel defendants arising before her last visit to Dr. Vogel on March 24, 2000. Neither the continuing relationship between physician and patient...

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