JANISCH v. HOWLAND


163 A.D.2d 821 (1990)

David Janisch, Individually and as Executor of Karen R. Janisch, Deceased, Respondent, v. Murray S. Howland, Jr., et al., Defendants, and John P. Kelly, Individually and as Member of Buffalo Medical Group, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 13, 1990


Order unanimously reversed on the law without costs and defendant Kelly's motion granted.

Memorandum:

An action for medical malpractice must be commenced within 2½ years from 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 decedent saw defendant Dr. Kelly...

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