BRAUN v. LEWIS

8202, 112408/09.

99 A.D.3d 574 (2012)

REFAEL BRAUN, Individually and as Proposed Executor of BOZENA BRAUN, Deceased, Respondent, v. BLAIR S. LEWIS, M.D., et al., Appellants.

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

October 18, 2012.


This action was commenced on August 31, 2009, more than 2½ years after plaintiff's decedent was last seen by defendant physician, and plaintiff failed to offer a viable basis for the possible application of the continuous treatment doctrine so as to toll the limitations period. Defendant physician performed colonoscopies on plaintiff's decedent on February 10, 2006 and August 28, 2006, and there is no indication that the physician and the patient both explicitly anticipated...

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