| Harris v Dizon |
| 2009 NY Slip Op 01856 [60 AD3d 495] |
| March 17, 2009 |
| Appellate Division, First Department |
| Janie Harris, Appellant, v Juan Dizon, M.D., et al.,Respondents. |
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Shaub Ahmuty Citrin & Spratt LLP, Lake Success (Steven J. Ahmuty, Jr. of counsel), forrespondents.
Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered November 30, 2007,which, in an action for medical malpractice, granted defendants' motion for summary judgmentdismissing the complaint as barred by the statute of limitations, unanimously reversed, on thelaw, without costs, the motion denied, and the complaint reinstated.
The record presents triable issues of fact as to whether plaintiff received continuoustreatment with respect to her colon, where her expert opined that she was receiving treatment forgastroinestinal disorders which were symptomatic of the colon cancer defendants failed todiagnose (see Hein v Cornwall Hosp., 302 AD2d 170, 174 [2003]; Hill v ManhattanW. Med. Group—H.I.P., 242 AD2d 255 [1997]). There are also questions regardingwhether there was an expectation of further treatment demonstrated by defendant doctor'sinstructions that plaintiff return for continued treatment following her last appointment (compare O'Donnell v Siegel, 49 AD3d415, 417 [2008]). Concur—Mazzarelli, J.P., Andrias, Gonzalez, Moskowitz andRenwick, JJ.