Kletnieks v. Hertz
Citation | 54 A.D.3d 660,863 N.Y.S.2d 487,2008 NY Slip Op 6697 |
Decision Date | 02 September 2008 |
Docket Number | No. 2006-10201.,No. 2007-06016,2006-10201.,2007-06016 |
Parties | VALDIS KLETNIEKS, Respondent, v. HOWARD M. HERTZ et al., Appellants, et al., Defendants. |
Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the plaintiff.
The Supreme Court properly denied that branch of the appellants' motion which was for summary judgment dismissing so much of the complaint as sought to recover damages based on alleged acts of malpractice occurring prior to April 24, 2000 as time-barred. The appellants established their entitlement to summary judgment by demonstrating that the alleged wrongdoing occurred more than two years and six months before the instant action was commenced (see CPLR 214-a; Anderson v Central Brooklyn Med. Group, 50 AD3d 829 [2008]; Schreiber v Zimmer, 17 AD3d 342, 343 [2005]). In response to the appellants' prima facie showing, the plaintiff raised a triable issue of fact as to whether there was a course of continuous treatment by the defendant which, if established, would render this action timely (see CPLR 214-a; Engelbart v Schachter, 235 AD2d 387, 388 [1997]; Stilloe v Contini, 190 AD2d 419, 422 [1993]).
The Supreme Court erred in granting that branch of the plaintiff's ...
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...insufficient to toll the statute of limitations ( Gomez v. Katz, 61 A.D.3d at 112, 874 N.Y.S.2d 161 ; see Kletnieks v. Hertz, 54 A.D.3d 660, 661, 863 N.Y.S.2d 487 ). With respect to the breach of contract cause of action, where a " ‘party rendering services can be shown to have expressly bo......
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30 Clinton Place Owners, Inc. v. Singh
...and (2) set forth a reasonable justification for the failure to present such facts on the prior motion” (Kletnieks v. Hertz, 54 A.D.3d 660, 661–662, 863 N.Y.S.2d 487 ; see CPLR 2221[e] ; State Farm Mut. Auto. Ins. Co. v. Hertz Corp., 43 A.D.3d 907, 841 N.Y.S.2d 617 ). Here, the defendants' ......
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