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MELLO v. LONG IS. VITREO-RETINAL CONSULTANT, P.C.

2017-12682, Index No. 8280/13.

172 A.D.3d 852 (2019)

98 N.Y.S.3d 751

2019 NY Slip Op 03586

Bruce Mello, Respondent, v. LONG Island Vitreo-Retinal Consultant, P.C., et al., Defendants, and Ophthalmic Consultants of Long Island et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 8, 2019.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In light of our disposition in the related appeal (see Mello v Long Is. Vitreo-Retinal Consultant, P.C., 172 A.D.3d 849 [2019] [decided herewith]), the issue raised on this appeal regarding whether the Supreme Court should have granted an immediate trial on the question of whether the continuous treatment doctrine tolled the statute of limitations has been rendered academic (...

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