O'Donnell v. Siegel

I agree with the majority that Supreme Court erred in denying defendants’ motion for summary judgment dismissing most of the complaint as time-barred. I disagree with the majority’s reasoning, however, and would rest reversal of the denial of the motion solely on the ground that plaintiffs failed to raise a triable issue of fact with respect to one element of the continuous treatment doctrine—the requirement that further treatment explicitly be anticipated by both physician and patient.

On November 23, 1993, Kenneth O’Donnell was examined by defendant Howard I. Siegel, M.D., a…