NAILOR v. OBEROI (1997)

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint on the ground that the action is barred by the Statute of Limitations applicable to dental malpractice actions (CPLR 214-a).   The complaint, amplified by the verified bill of particulars, asserts claims of dental malpractice arising from the endodontic procedures performed by defendant on plaintiff's six upper front teeth.   Defendant's submissions establish that more than 2 1/212 years elapsed between the date of the alleged malpractice and the commencement of the action.   The burden therefore shifted to plaintiff to establish the applicability of the continuous treatment doctrine, which tolls the Statute of Limitations until the end of the course of treatment (see, Massie v. Crawford, 78 N.Y.2d 516, 519, 577 N.Y.S.2d 223, 583 N.E.2d 935, rearg. denied 79 N.Y.2d 978, 583 N.Y.S.2d 196, 592 N.E.2d 804).   Plaintiff failed to meet that burden.   She established only that there was an ongoing dentist-patient relationship and that she had received other routine dental care and various treatments involving other teeth (see, Johansen v. Ozer, 223 A.D.2d 412, 637 N.Y.S.2d 40;  Kasten v. Blaustein, 214 A.D.2d 539, 625 N.Y.S.2d 44;  Merriman v. Sherwood, 204 A.D.2d 998, 999, 612 N.Y.S.2d 519;  see also, Washington v. Elahi, 192 A.D.2d 704, 597 N.Y.S.2d 110).

Order unanimously affirmed without costs.

MEMORANDUM: