Bradt v. Hamel

Order unanimously affirmed without costs. Memorandum: An action for medical malpractice must be commenced within 2½ years *922from the act, omission or failure complained of or 2½ 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 plaintiff saw defendant Dr. Hamel was sometime in March 1979. Thus, the action against him, commenced in November 1985, is time barred and the complaint against him must be dismissed.

Plaintiff’s argument that his continuous…