ORTIZ v. Continuum Health Partners Inc., Defendant. (2006)

Supreme Court, Appellate Division, First Department, New York.

Margaret ORTIZ, et al., Plaintiffs-Appellants, v. NEW YORK MEDICAL GROUP, P.C., et al., Defendants-Respondents, Continuum Health Partners Inc., Defendant.

Decided: June 13, 2006

TOM, J.P., SAXE, FRIEDMAN, SULLIVAN, McGUIRE, JJ.

Polin, Prisco & Villafane, Esqs., Glen Cove (Sandra Lee McIlveen of counsel), for appellants. McMahon, Martine & Gallagher, LLP, New York (Patrick W. Brophy of counsel), for New York Medical Group, P.C. and Brooks A. Mirrer, M.D., respondents. Law Offices of Charles E. Kutner, LLP, New York (Charles E. Kutner of counsel), for Allen H. Kapit, M.D., respondent.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about May 3, 2005, which granted the motions of defendant doctors Kapit and Mirrer for summary judgment dismissing the complaint as against them as time-barred, unanimously affirmed, without costs.

The continuous treatment doctrine is not applicable to toll the running of the statutory period with respect to the claims against respondent doctors. The record establishes that the treatment relied upon by plaintiff to toll the statutory period was not for the particular condition giving rise to the instant malpractice claims (see Prinz-Schwartz v. Levitan, 17 A.D.3d 175, 178, 796 N.Y.S.2d 36 [2005]; Vazquez v. New York City Health & Hosp. Corp., 279 A.D.2d 368, 720 N.Y.S.2d 20 [2001] ).

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