| King v Dobriner |
| 2012 NY Slip Op 02640 [94 AD3d 821] |
| April 10, 2012 |
| Appellate Division, Second Department |
| Muriel King, Respondent, v Mark W. Dobriner et al.,Appellants, et al., Defendant. |
—[*1] Riconda & Garnett, LLP, Valley Stream, N.Y. (John Riconda of counsel), forrespondent.
In an action to recover damages for medical malpractice, etc., the defendants Mark W.Dobriner and Colon & Rectal Surgical Associates of LI, P.C., appeal, as limited by their brief,from so much of an order of the Supreme Court, Nassau County (Iannacci, J.), entered January26, 2011, as denied their motion for summary judgment dismissing, as time-barred, the causes ofaction alleging acts of medical malpractice committed before April 3, 2007, insofar as assertedagainst them.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants Mark W. Dobriner and Colon & Rectal Surgical Associates of LI, P.C.(hereinafter together the Dobriner defendants), moved for summary judgment dismissing, astime-barred, the causes of action alleging acts of medical malpractice committed before April 3,2007, insofar as asserted against them (see CPLR 214-a). The plaintiffs opposed themotion on the ground that the continuous treatment doctrine tolled the statute of limitations(id.).
The Dobriner defendants satisfied their prima facie burden of establishing that they wereentitled to judgment as a matter of law by demonstrating that the plaintiffs' causes of actionalleging acts of medical malpractice committed before April 3, 2007, were time-barred(id.; see Vodos vCoopersmith, 85 AD3d 909 [2011]). In opposition, however, the plaintiffs raised atriable issue of fact as to whether the statute of limitations was tolled by the continuous treatmentdoctrine (see Vodos v Coopersmith, 85 AD3d at 909; Gomez v Katz, 61 AD3d 108, 111 [2009]; Gehbauer vBaker, 292 AD2d 255 [2002]). Accordingly, the Supreme Court properly denied theDobriner defendants' motion. Rivera, J.P., Leventhal, Roman and Cohen, JJ., concur.