Waite v. Abraham

OPINION OF THE COURT

Harvey, J.

Plaintiff commenced this medical malpractice action against defendant by the service of a summons on June 10, 1982. Defendant moved for accelerated judgment dismissing the complaint because of the 21/2 year Statute of Limitations of CPLR 214-a. The alleged malpractice took place in early August, 1979, more than 2Vfe years prior to the commencement of the action. Applying the continuous treatment doctrine (CPLR 214-a), Special Term determined that the statute began to run on December 7,1979, the last date that defendant actually examined plaintiff for treatment of…