Porubic v. Oberlander
Cases that cite this one
1 later published case cites this decision.
- Martinez v. Fields (Appellate Division of the Supreme Court of New York 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered July 8, 1999, which, inter alia, granted defendant doctor’s motion for partial summary judgment dismissing plaintiffs’ complaint as it pertains to treatment rendered by defendant prior to February 7, 1994, unanimously modified, on the law, to deny defendant’s motion for partial summary judgment dismissing plaintiff patient’s causes of action, and otherwise affirmed, without costs.
In this medical malpractice action alleging, inter alia, failure to diagnose plaintiff patient’s cervical cancer, the IAS Court erred in holding the continuous treatment tolling provision (CPLR 214-a) inapplicable as a matter of law since competent proof presented by plaintiff, including an affirmation by her expert oncologist/hematologist, was sufficient to raise a factual issue as to whether defendant, as of September 20, 1993, treated plaintiff for the condition giving rise to her malpractice claim. Specifically, as of September 20, 1993, defendant, who was aware of plaintiff’s past gynecological history, which included a cone biopsy, and who had acknowledged, in deposition, his awareness that plaintiff was at some increased risk for cervical cancer, was regularly monitoring plaintiff’s increasing complaints of irregular bleeding, irregular menses, blood
Case-law data current through September 30, 2026. Source: CourtListener bulk data.