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Frigiano v. Ziccarelli

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 307 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action to recover damages for medical malpractice, etc., the defendant Joseph Maurice Ziccarelli appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated September 22, 1995, as, upon renewal, denied his motion for summary judgment.

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

The Supreme Court properly denied the appellant's motion for summary judgment. Under the circumstances of this case, the continuous treatment doctrine of CPLR 214-a is applicable ( see, Pace v. Caron, 232 A.D.2d 617). Moreover, there are questions of fact as to whether the appellant was guilty of medical malpractice in his treatment of the plaintiff Lucille Frigiano. Ritter, J.P., Altman, Krausman and Luciano, JJ., concur.


Summaries of

Frigiano v. Ziccarelli

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 307 (N.Y. App. Div. 1997)
Case details for

Frigiano v. Ziccarelli

Case Details

Full title:LUCILLE FRIGIANO et al., Respondents, v. JOSEPH M. ZICCARELLI, Appellant…

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

Date published: Apr 7, 1997

Citations

238 A.D.2d 307 (N.Y. App. Div. 1997)
656 N.Y.S.2d 928