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Harris v. Dizon

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 17, 2009

JANIE HARRIS, PLAINTIFF-APPELLANT,
v.
JUAN DIZON, MD, ETC. ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered November 30, 2007, which, in an action for medical malpractice, granted defendants' motion for summary judgment dismissing the complaint as barred by the statute of limitations, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Andrias, Gonzalez, Moskowitz, Renwick, JJ.

14970/06

The record presents triable issues of fact as to whether plaintiff received continuous treatment with respect to her colon, where her expert opined that she was receiving treatment for gastroinestinal disorders which were symptomatic of the colon cancer defendants failed to diagnose (see Hein v Cornwall Hosp., 302 AD2d 170, 174 [2003]; Hill v Manhattan W. Med. Group- H.I.P., 242 AD2d 255 [1997]. There are also questions regarding whether there was an expectation of further treatment demonstrated by defendant doctor's instructions that plaintiff return for continued treatment following her last appointment (compare O'Donnell v Siegel 49 AD3d 415, 417 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090317

© 1992-2009 VersusLaw Inc.



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