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TORRES v. TERENCE CARDINAL COOKE HEALTH CARE CENTER

2620, 109359/08

72 A.D.3d 588 (2010)

899 N.Y.S.2d 224

MARILEXIS TORRES, Individually and as Administrator of the Estate of ROBERTO TORRES, Deceased, Respondent, v. TERENCE CARDINAL COOKE HEALTH CARE CENTER, Appellant.

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

Decided April 27, 2010.

The action arises out of plaintiff's decedent's residence at defendant nursing home for approximately 27 months during which he developed numerous pressure sores about his body and other allegedly related conditions. At issue is whether otherwise untimely malpractice claims based on these sores are saved by the continuous treatment doctrine. We find the doctrine to be applicable in view of defendant's own records stating that at...

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