Brooks v. Cheon

Appeal from an order of the Supreme Court (Viscardi, J.), entered April 7, 1987 in Schenectady County, which, sua sponte, declared a mistrial in a nonjury trial.

In this medical malpractice action, defendants asserted the 2Vi-year Statute of Limitations of CPLR 214-a as an affirmative defense. The surgery which provided the basis for the *868primary allegations of malpractice occurred on May 1, 1981. The action was not commenced until February 24, 1984, over 2 Vi years later. Plaintiffs, however, contended that the Statute of Limitations was tolled by the continuous treatment doctrine. This…