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Ewen-Massa v. Hemmerlein

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 968 (N.Y. App. Div. 1997)

Opinion

March 14, 1997.

Order unanimously affirmed without costs.

Present — Denman, P.J., Pine, Doerr, Balio and Fallon, JJ.


Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint as time-barred. Plaintiff Alice Ewen-Massa returned to defendant's office seeking treatment "for a matter related to the initial treatment" ( McDermott v Torre, 56 NY2d 399, 406) and was treated by defendant's physician's assistant. We conclude that there is a sufficient relationship between the physician's assistant and defendant to warrant application of the continuous treatment doctrine and that the complaint was not untimely ( see, CPLR 214-a; Ganapolskaya v V.I.P. Med. Assocs., 221 AD2d 59, 62-63; Pierre-Louis v Ching-Yuan Hwa, 182 AD2d 55, 58; Watkins v Fromm, 108 AD2d 233, 237-239).

We reject defendant's contention that the continuous treatment doctrine does not apply to toll the Statute of Limitations with respect to plaintiff Paul T. Massa `s derivative claim ( see, Cappelluti v Sckolnick, 207 AD2d 763). (Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Summary Judgment.)


Summaries of

Ewen-Massa v. Hemmerlein

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 968 (N.Y. App. Div. 1997)
Case details for

Ewen-Massa v. Hemmerlein

Case Details

Full title:ALICE EWEN-MASSA et al., Respondents, v. JOHN P. HEM MERLEIN, Appellant

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

Date published: Mar 14, 1997

Citations

237 A.D.2d 968 (N.Y. App. Div. 1997)
654 N.Y.S.2d 536

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