Silver v. Apfel

Full title: MITCHELL J. SILVER, RESPONDENT, v. DENNIS S. APFEL, ETC., APPELLANT

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

Date published: Sep 17, 2001

286 A.D.2d 725 (N.Y. App. Div. 2001)

730 N.Y.S.2d 456

Opinion

Submitted June 27, 2001.

September 17, 2001.

In an action to recover damages for dental malpractice, the defendant appeals from an order of the Supreme Court, Kings County (Garson, J.), dated April 2, 2001, which denied his motion for partial summary judgment dismissing the causes of action arising from his treatment of the plaintiff which occurred before March 24, 1997.

Slevin, Sold, Neubardt, Weisman, Samberg, Faillace Mezzacappa,

Mineola, N.Y. (Jane E. Holden of counsel), for appellant.

Esther I. Obiora, New York, N.Y., for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.

ORDERED that the order is affirmed, with costs.

There is a factual issue as to whether the defendant provided a continuous course of treatment for the specific condition which gave rise to the instant action (see, CPLR 214-a; Busi-O'Leary v. Mancuso, 258 A.D.2d 549; Lee v. Goldman, 255 A.D.2d 366). Thus, the defendant is not entitled to partial summary judgment dismissing the causes of action arising from his treatment of the plaintiff which occurred before March 24, 1997.