Janisch v. Howland

Order unanimously reversed on the law without costs and defendant Kelly’s motion granted. Memorandum: An action for medical malpractice must be commenced within 2Vi years from the act, omission or failure complained of, or 2Vi years from the "last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure” (CPLR 214-a). The last date that decedent saw defendant Dr. Kelly was May 10, 1982. Thus, the action commenced against him on March 20, 1985 is time barred and the complaint against him must be dismissed.

Plaint…