Koenigsberg v. Tannous

• Decision Date: 25 March 1996
• Citation: 225 A.D.2d 734,639 N.Y.S.2d 947
• Parties: Robert KOENIGSBERG, etc., Respondent, v. Kareem E. TANNOUS, etc., et al., Appellants, et al., Defendant.
• Court: New York Supreme Court — Appellate Division

Page 947

639 N.Y.S.2d 947

225 A.D.2d 734

Robert KOENIGSBERG, etc., Respondent, v.Kareem E. TANNOUS, etc., et al., Appellants, et al., Defendant.

Supreme Court of New York, Appellate Division Second Department.

March 25, 1996.

Morris, Duffy, Alonso & Marulli, New York City(Steven J. Schutzman, of counsel), for appellants.

Toberoff, Tessler & Schochet, LLP, New York City(Rebecca L. Weinstein, of counsel), for respondent.

In an action to recover damages for medical malpractice and wrongful death, the defendantsKareem E. Tannous, Maria E. Levada, and KMLT Gynecological Associates appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County(McCaffrey, J.), dated December 1, 1994, as amended on July 30, 1995, as denied that branch of their cross motion which was to dismiss all of the plaintiff's causes of action insofar as asserted against them which accrued prior to January 25, 1990, on the ground that they were barred by the Statute of Limitations.

ORDERED that the order, as amended, is affirmed insofar as appealed from, with costs.

The Supreme Court correctly determined that there was an issue of fact regarding whether the visits of the plaintiff's decedent to the offices of the appellants between October 19, 1983, and January 25, 1990, were for "routine examinations", such that the Statute of Limitations was not tolled, or whether they were for "continuous treatment" for "the same condition which gave rise to the claim of malpractice", sufficient to toll the Statute of Limitations (McDermott v. Torre, 56 N.Y.2d 399, 452...