Opinion
01-10536
Argued May 2, 2002
June 3, 2002
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered November 5, 2001, which granted the motion of the defendant Elliot Robbins for summary judgment dismissing the complaint insofar as asserted against him.
Finz Finz, P.C., Jericho, N.Y. (Jay L. Feigenbaum of counsel), for appellant.
Vouté, Lohrfink, Magro Collins, LLP, White Plains, N Y (Matthew M. D'Amico of counsel), for respondent.
FRED T. SANTUCCI, J.P., ANITA R. FLORIO, GLORIA GOLDSTEIN, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, with costs.
The defendant Dr. Elliot Robbins conducted a mammographic examination of the plaintiff in March 1997. The Supreme Court properly determined that this action to recover damages for medical malpractice, which was not commenced until January 2000, was time-barred insofar as asserted against Robbins (see CPLR 214-a). Furthermore, the plaintiff failed to establish that her subsequent visit to Robbins in December 1997 was part of a continuous course of treatment, as opposed to a discrete intermittent diagnostic service (see McDermott v. Torre, 56 N.Y.2d 399; Davis v. City of New York, 38 N.Y.2d 257; Elkin v. Goodman, 285 A.D.2d 484; see also Robertson v. Bozza Kakofiol, 242 A.D.2d 613; Monello v. Sottile, Megna, 281 A.D.2d 463). Accordingly, the complaint was properly dismissed insofar as asserted against Robbins.
The plaintiff's remaining contention is without merit.
SANTUCCI, J.P., FLORIO, GOLDSTEIN and TOWNES, JJ., concur.