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Pontieri v. New York University Medical Ctr.

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1989
148 A.D.2d 436 (N.Y. App. Div. 1989)

Opinion

March 6, 1989

Appeal from the Supreme Court, Queens County (Santucci, J.).


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff failed to meet his burden of establishing or raising a triable issue of fact regarding his claim that either the continuous treatment exception to the Statute of Limitations, codified in CPLR 214-a, tolled the accrual of his causes of action against the defendants New York University Medical Center and Stephen Toder, M.D. (see, McDermott v. Torre, 56 N.Y.2d 399; Coyne v. Bersani, 94 A.D.2d 961, affd 61 N.Y.2d 939; Barrella v. Richmond Mem. Hosp., 88 A.D.2d 379), or that his service of the summons on the Queens County Clerk extended his time to serve process on the above-named defendants, pursuant to CPLR 203 (b) (5) (see, Bellmund v. Beth Israel Hosp., 131 A.D.2d 796).

Accordingly, since the plaintiff's claims against these defendants were time barred, dismissal of the complaint as against them was warranted.

We have considered the plaintiff's other contentions and find them to be without merit. Mangano, J.P., Lawrence, Rubin and Kooper, JJ., concur.


Summaries of

Pontieri v. New York University Medical Ctr.

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1989
148 A.D.2d 436 (N.Y. App. Div. 1989)
Case details for

Pontieri v. New York University Medical Ctr.

Case Details

Full title:JOHN PONTIERI, Appellant, v. NEW YORK UNIVERSITY MEDICAL CENTER et al.…

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

Date published: Mar 6, 1989

Citations

148 A.D.2d 436 (N.Y. App. Div. 1989)
538 N.Y.S.2d 588