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WILLIAM A. COLE, Indi v. dually and as Administrator of the Estate of GAYLE COLE, Deceased, Respondent,

Order unanimously affirmed with costs. Memorandum: Because questions of fact at least arguably exist whether the continuous treatment doctrine tolled the Statute of Limitations and whether the treatment of decedent at the Syracuse Community Health Center can be imputed to defendant Leslie Emsden (see, e.g., Kearney v GVGHA, 125 Misc.2d 716, affd 115 A.D.2d 960; see also, Watkins v. Fromm, 108 A.D.2d 233), the motion for summary judgment was properly denied.

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COLE v. SYRACUSE COMMUNITY HLT. CTR., INC
(Nov 16, 1994)