Florio v. Cook

Full title: GLORIA M. FLORIO et al., Appellants, v. ALBERT W. COOK, Respondent

Court: Court of Appeals of the State of New York

Date published: Nov 15, 1979

48 N.Y.2d 792 (N.Y. 1979)

423 N.Y.S.2d 917

399 N.E.2d 947

Opinion

Argued October 18, 1979

Decided November 15, 1979

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN A. MONTELEONE, J.

David Weicholz for appellants.

Steven Di Joseph, Thomas R. Newman and Peter G. Monaghan for respondents.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum so far as the same relates to the claim of continuous treatment. We note, in addition, that the plaintiff's contention that the Statute of Limitations was tolled by application of the doctrine of equitable estoppel (Simcuski v Saeli, 44 N.Y.2d 442) must also be rejected, as neither fraud nor fraudulent concealment was pleaded (Immediate v St. John's Queens Hosp., 48 N.Y.2d 671).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.