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LOHNAS v. LUZI

No. 7.

30 N.Y.3d 752 (2018)

71 N.Y.S.3d 404

94 N.E.3d 892

2018 NY Slip Op 01114

DARLENE M. LOHNAS, Respondent, v. FRANK A. LUZI, JR., M.D. et al., Appellants.

Court of Appeals of New York.

Decided February 15, 2018.

Attorney(s) appearing for the Case

The Tarantino Law Firm, LLP, Buffalo (Tamsin J. Hager of counsel), for appellants.

Fitzgerald & Roller, P.C., Buffalo (Brian P. Fitzgerald of counsel), for respondent.

Judges RIVERA, FAHEY and FEINMAN concur; Judge WILSON dissents in an opinion, in which Chief Judge DIFIORE and Judge STEIN concur.

OPINION OF THE COURT

Summary judgment was properly denied, as there are triable issues of fact concerning whether the continuous treatment doctrine tolls the statute of limitations on plaintiff's claims.

Plaintiff was treated by defendant for chronic shoulder problems beginning in 1998. Defendant performed surgery on...

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