Opinion
February 16, 1999
Appeal from the Supreme Court, Kings County (Patterson, J.).
Ordered that the appeal from the order dated March 3, 1998, is dismissed as academic, in light of our determination of the appeal from the order dated May 15, 1998; and it is further,
Ordered that the order dated May 15, 1998, is affirmed insofar as appealed from; and it is further,
Ordered that the appellants-respondents are awarded one bill of costs.
In response to the plaintiffs' action to recover damages for dental malpractice, etc., the defendant asserted a defense based on the two and one-half year Statute of Limitations ( see, CPLR 214-a). In opposition, the plaintiffs asserted that the defendant undertook a course of treatment for the plaintiff Theresa Busti-O'Leary's periodontal condition so as to toll the Statute of Limitations under the continuous treatment doctrine.
Upon renewal, the Supreme Court properly denied the defendant's motion which was to dismiss the cause of action of the plaintiff Theresa C. Busti-O'Leary to recover damages for dental malpractice for treatment rendered prior to September 16, 1992. There is a factual issue as to whether the defendant provided a continuous course of treatment for the specific condition which gave rise to the instant action ( see, CPLR 214-a N.Y.C.P.L.R.; Nykorchuck v. Henriques, 78 N.Y.2d 255, 257-258 Kimiatek v. Post, 240 A.D.2d 372; Cantor v. Visvikis, 233 A.D.2d 286; Parker v. Jankunas, 227 A.D.2d 537).
The defendant's remaining contention is without merit.
Santucci, J. P., Altman, Friedmann and McGinity, JJ., concur.