Appellate Division of the Supreme Court of New York, 1996

Scrofini v. Elizabeth

Scrofini v. Elizabeth
Appellate Division of the Supreme Court of New York · Decided April 15, 1996
226 A.D.2d 523; 640 N.Y.S.2d 818; 1996 N.Y. App. Div. LEXIS 4407
Scrofini v. Elizabeth

Opinion of the Court

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Scholnick, J.), dated April 19, 1995, which granted the separate motions of the defendants Victory Memorial Hospital and M. Elizabeth G. Sebollena for summary judgment dismissing the complaint as time-barred.

Ordered that the order is affirmed, with one bill of costs.

The court correctly determined that the continuous treatment doctrine does not apply and dismissed the action as untimely (see, Jorge v New York City Health & Hosps. Corp., 79 NY2d 905). Sullivan, J. P., Copertino, Santucci and Goldstein, JJ., concur.

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