Galecki v. Omnicare Dental

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered June 25, 2013, which granted defendant David Heering D.M.D.’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Dismissal of the complaint was properly granted since the alleged malpractice occurred in 2001 and 2002 and the action was not commenced until August 2007, which was well beyond the 2V2-year statute of limitations (see CFLR 214-a). The continuous treatment doctrine does not apply to this case and therefore does not toll the statute of limitations, since Dr.…