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GOMEZ v. KATZ

61 A.D.3d 108 (2009)

874 N.Y.S.2d 161

MARIA GOMEZ, Respondent, et al., Plaintiff, v. NEIL KATZ et al., Appellants.

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

Decided February 10, 2009.

Attorney(s) appearing for the Case

Rende, Ryan & Downes, LLP, White Plains (Roland T. Koke of counsel), for appellants.

Meagher & Meagher, P.C., White Plains (Christopher B. Meagher of counsel), for respondent.

SPOLZINO, J.P., RITTER and DICKERSON, JJ., concur.

OPINION OF THE COURT

DILLON, J.

We are asked on this appeal to consider whether a patient's consultation with a new physician severs the patient's relationship with her initial physician for purposes of the "continuous treatment" toll of the statute of limitations. We also consider whether, under the circumstances of this case, a 24-month gap in the patient's treatment with her initial physician requires a finding that the physician's treatment is not continuous...

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