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Florio v. Cook

48 N.Y.2d 792 Court N.Y. Decision date 1979-11-15 English

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p. 792
Gloria M. Florio et al., Appellants, v Albert W. Cook, Respondent.
Argued October 18, 1979;
decided November 15, 1979
p. 793
APPEARANCES OF COUNSEL
David Weicholz for appellants.
Steven Di Joseph, Thomas R. Newman and Peter G. Monaghan for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum so far as the same relates to the claim of continuous treatment. We note, in addition, that the plaintiffs contention that the Statute of Limitations was tolled by application of the doctrine of equitable estoppel (Simcuski v Saeli, 44 NY2d 442 ) must also be rejected, as neither fraud nor fraudulent concealment was pleaded (Immediate v St. John’s Queens Hosp., 48 NY2d 671 ).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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