Caesar v. Brookman

OPINION OF THE COURT

Alice Schlesinger, J.

Plaintiff Chris Caesar commenced this podiatric malpractice action without the help of any attorney on March 30, 2015 against defendant Dr. Frederick R. Brookman. Defendant moved to dismiss the complaint pursuant to CPLR 3211 (a) (5) as barred by the statute of limitations. As set forth below, defendant’s motion is denied, as the court finds that the doctrine of continuous treatment applies to these circumstances, effectively extending the requisite time to commence the action.

Background Facts

On September 28, 2012, plaintiff presented to defendant’s…