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33 A.D.2d 743

Capuano v. Jacobs

Appellate Division of the Supreme Court of the State of New York · decided 1969-12-04

Cited by 1 later decisions — most recently June 1974

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1969-12-04

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¶1Appeal from a judgment of the Supreme Court in favor of plaintiff, entered October 28, 1968 in New York County upon a verdict rendered at a Trial Term, in a malpractice action.

Memorandum by the court.

¶2Judgment affirmed, with $50 costs and disbursements to the plaintiff-respondent. Fair questions of fact were presented to the jury by the evidence adduced by both sides as to whether the action was commenced within the two-year Statute of Limitations mder the “ continuous treatment” theory (Borgia v. City of New York, 12 N Y 2d 151) and whether the defendant’s conduct, if it was found to be malpractice, was the proximate cause of the plaintiff’s injuries. The verdict of the jury, in favor of the plaintiff, is supported by the evidence and we can see no legal reason for interfering with same.

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