| Duffy v Vogel |
| 2008 NY Slip Op 03067 [50 AD3d 319] |
| April 3, 2008 |
| Appellate Division, First Department |
| Eleanor Duffy, Appellant, v James M. Vogel et al.,Respondents, et al., Defendant. |
—[*1] Aaronson, Rappaport, Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel),for respondents.
Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered October 13, 2006,which, to the extent appealed from, granted the Vogel defendants' motion for summary judgmentas to all medical malpractice claims arising from treatment prior to March 24, 2000, unanimouslyaffirmed, without costs.
Plaintiff failed to satisfy her burden of demonstrating the existence of triable issues of fact asto the applicability of the continuous treatment doctrine to toll the statute of limitations (Coxv Kingsboro Med. Group, 88 NY2d 904 [1996]) with respect to her malpractice claimsagainst the Vogel defendants arising before her last visit to Dr. Vogel on March 24, 2000.Neither the continuing relationship between physician and patient nor the continuing nature of adiagnosis is sufficient to satisfy that burden (see Ganess v City of New York, 85 NY2d733 [1995]; Nykorchuck v Henriques, 78 NY2d 255 [1991]). Plaintiff conceded that Dr.Vogel never told her during any office visit to schedule another appointment, and her visits tohim were few and far between, failing to establish continuity and initiation of a timely returnrelated to the initial problem (Curcio v Ippolito, 63 NY2d 967 [1984]; see also Youngv New York City Health & Hosps. Corp., 91 NY2d 291 [1998]). Concur—Saxe, J.P.,Sweeny, McGuire and Acosta, JJ.