# Fonda v. Paulsen

> Appellate Division of the Supreme Court of the State of New York · February 6, 1975 · 46 A.D.2d 540

URL: https://www.frixlaw.com/law-library/cases/5794642

## Case

- **Full name:** Thomas V. Fonda v. Carl A. Paulsen
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 6, 1975
- **Citations:** 46 A.D.2d 540; 363 N.Y.S.2d 841; 1975 N.Y. App. Div. LEXIS 8536
- **Precedential status:** Published
- **Opinion:** Dissent by Sweeney
- **Judges:** Greenblott, Sweeney
- **Cited by:** 55 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5794642

## Opinion text

Sweeney, J.
(dissenting). I am unable to agree with the
result arrived at by the majority and, therefore, vote to affirm.
The alleged malpractice of Dr. Oram occurred in May, 1969 when he analyzed excised tissue removed from plaintiff and found it benign. He performed a similar analysis in January, 1972 and found that tissue to be cancerous. On these facts the Statute of Limitations had clearly run and the action barred as against him. With regard to the other two doctors, the facts *546 developed in this record do not bring the acts of alleged malpractice within the doctrine of continuous treatment as enunciated in Borgia. Consequently, Special Term properly granted the motion of defendants for summary judgment dismissing the complaint.
Heklihy, P. J., and Main, J., concur with Greenblott, J.; Sweeney and Reynolds,' JJ., dissent and vote to affirm in an opinion by Sweeney, J.
Order reversed, on the law, and motions denied, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5794642. Public record. Not legal advice.