Fuksman v. Handler

Full title: MARGARITA FUKSMAN et al., Respondents, v. LEON HANDLER, Appellant

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

Date published: Mar 29, 1999

259 A.D.2d 733 (N.Y. App. Div. 1999)

685 N.Y.S.2d 636

Opinion

March 29, 1999

Appeal from the order of the Supreme Court, Queens County (Thomas, J.).

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

The defendant's motion to dismiss the complaint as barred by the Statute of Limitations was properly denied since there are questions of fact as to when the last treatment occurred and the purpose of that treatment ( see generally, Kimiatek v. Post, 240 A.D.2d 372; Parker v. Jankunas, 227 A.D.2d 537).

O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.