Appellate Division of the Supreme Court of New York, 1993

Allende v. New York City Health & Hospitals Corp.

Allende v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of New York · Decided October 7, 1993
197 A.D.2d 371; 603 N.Y.S.2d 737; 1993 N.Y. App. Div. LEXIS 9047
Allende v. New York City Health & Hospitals Corp.

Opinion of the Court

—Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered August 3, 1992, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

What constitutes continuous treatment is a question to be resolved by the trier of fact (see, McDermott v Torre, 56 NY2d 399, 406), and on the record before us, we find that there remain questions of fact as to whether the treatments received at North Central Bronx Hospital were continuous to those received at Lincoln Hospital. Concur—Murphy, P. J., Kassal, Rubin and Nardelli, JJ.

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