Jorge v. New York City Health & Hospitals Corp.

Wallach, J. (dissenting).

I would affirm the judgment appealed from. Before invoking the toll provided by the "continuous treatment” rule to salvage this otherwise time-barred medical malpractice action, the law requires us to examine the nature of the "treatment” and to whom it was rendered. And unless, under CPLR 214-a (the codification of the continu*654ous treatment rule first enunciated in Borgia v City of New York, 12 NY2d 151) "there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure [constituting malpractice]” the toll is…