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CHINOSI v. KRINGSTEIN

Appellate Division of the Supreme Court of New York, Second Department.
May 10, 2004
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The appellants made out a prima facie case that their treatment of the plaintiff ended on April 10, 1998, rendering this action, which was commenced November 14, 2000, untimely as to them ( see CPLR 214-a; Gravel v. Cicola, 297 A.D.2d 620; cf. Savarese v. Shatz, 273 A.D.2d 219, 220; Siegel v. Wank, 183 A.D.2d 158, 159). In response to that showing, the plaintiffs raised a triable issue of fact as to whether there was a course of continuous treatment by all of the defendants, including the appellants, extending through at least May 20, 1998, the last time the appellant Dr. Mark Coffiner actually saw the plaintiff Modesto "Mario" Chinosi. If continuous treatment is found, the action would be timely as to the appellants. Thus, the motion was properly denied ( see generally Cox v. Kingsboro Med. Group, 88 N.Y.2d 904, 907; McDermott v. Torre, 56 N.Y.2d 399, 403, 407-408; Polokoff v. Palmer, 190 A.D.2d 897, 898-899).

FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.