Ewen-Massa v. Hemmerlein

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint as time-barred. Plaintiff Alice Ewen-Massa returned to defendant’s office seeking treatment "for a matter related to the initial treatment” (McDermott v Torre, 56 NY2d 399, 406) and was treated by defendant’s physician’s assistant. We conclude that there is a sufficient relationship between the physician’s assistant and defendant to warrant application of the continuous treatment doctrine and that the complaint was not untimely (see, CPLR 214-a;…