From Casetext: Smarter Legal Research

Cantor v. Visvikis

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1996
233 A.D.2d 286 (N.Y. App. Div. 1996)

Opinion

November 4, 1996.

In an action to recover damages for dental malpractice, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated October 3, 1995, as denied that branch of their cross motion which was for summary judgment dismissing the first cause of action.

Before: Joy, J.P., Friedmann, Krausman and Florio, JJ.


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

In response to the plaintiffs' action to recover damages for dental malpractice, the defendants asserted a defense based on the two and one-half-year Statute of Limitations ( see, CPLR 214-a). In opposition, the plaintiffs asserted that, under the continuous treatment doctrine, the Statute of Limitations was tolled until after the last treatment received by the plaintiff Debra Cantor.

The Supreme Court properly denied that branch of the defendants' cross motion which was for summary judgment dismissing the cause of action to recover damages for dental malpractice since there is a factual issue as to whether the defendants provided a continuous course of treatment for the specific condition which gave rise to the action ( see, CPLR 214-a; Nykorchuck v Henriques, 78 NY2d 255, 257-258; Richardson v Orentreich, 64 NY2d 896, 899; Davis v City of New York, 38 NY2d 257, 259; Allen v Blum, 196 AD2d 624, 625; Yelin v American Dental Ctr., 184 AD2d 693, 695).

The defendants' remaining contentions are without merit.


Summaries of

Cantor v. Visvikis

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1996
233 A.D.2d 286 (N.Y. App. Div. 1996)
Case details for

Cantor v. Visvikis

Case Details

Full title:DEBRA CANTOR et al., Respondents, v. S.G. VISVIKIS et al., Appellants

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

Date published: Nov 4, 1996

Citations

233 A.D.2d 286 (N.Y. App. Div. 1996)
649 N.Y.S.2d 801

Citing Cases

Mangiafreno v. Wikstrom Machines, Inc.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the…

Busti-O'Leary v. Mancuso

In opposition, the plaintiffs asserted that the defendant undertook a course of treatment for the plaintiff…