Opinion
2003-04528.
Decided May 10, 2004.
In an action to recover damages for dental malpractice, etc., the defendants Mark Coffiner and Endodontic Associates at Hanson Place, P.C., appeal from an order of the Supreme Court, Kings County (Steinhardt, J.), dated April 15, 2003, which denied their motion pursuant to CPLR 3211(a)(5) to dismiss the action insofar as asserted against them as time-barred.
Ellenberg Rigby, LLP, New York, N.Y. (Suzanne Rapisarda and Michael A. Ellenberg of counsel), for appellants.
Ciotti, Damm Kilgannon, LLP, Mineola, N.Y. (Harold F. Damm of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The appellants made out a prima facie case that their treatment of the plaintiff ended on April 10, 1998, rendering this action, which was commenced November 14, 2000, untimely as to them ( see CPLR 214-a; Gravel v. Cicola, 297 A.D.2d 620; cf. Savarese v. Shatz, 273 A.D.2d 219, 220; Siegel v. Wank, 183 A.D.2d 158, 159). In response to that showing, the plaintiffs raised a triable issue of fact as to whether there was a course of continuous treatment by all of the defendants, including the appellants, extending through at least May 20, 1998, the last time the appellant Dr. Mark Coffiner actually saw the plaintiff Modesto "Mario" Chinosi. If continuous treatment is found, the action would be timely as to the appellants. Thus, the motion was properly denied ( see generally Cox v. Kingsboro Med. Group, 88 N.Y.2d 904, 907; McDermott v. Torre, 56 N.Y.2d 399, 403, 407-408; Polokoff v. Palmer, 190 A.D.2d 897, 898-899).
FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.