Backer v. Parsons — First Dept. Reverses and Dismisses Medical Malpractice Action as Time-Barred; Plaintiff Failed to Establish Continuous Treatment
The First Department reversed denial of summary judgment in a medical malpractice action, holding it was time-barred under CPLR § 214-a because plaintiff sought no further treatment after a post-operative evaluation more than two and a half years before filing suit — and a note in the chart scheduling a follow-up visit that plaintiff never attended did not extend the limitations period under the continuous treatment doctrine.