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GLORIA M. FLORIO et al., Appellants, v. ALBERT W. COOK, Respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum so far as the same relates to the claim of continuous treatment. We note, in addition, that the plaintiff's contention that the Statute of Limitations was tolled by application of the doctrine of equitable estoppel (Simcuski v Saeli, 44 N.Y.2d 442) must also be rejected, as neither fraud nor fraudulent concealment was pleaded (Immediate v St. John's Queens Hosp., 48 N.Y.2d 671).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.

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FLORIO v. COOK
(Nov 15, 1979)