Opinion
January 11, 1999.
Appeal from the Supreme Court, Nassau County (DiBlasi, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the plaintiff Ralph Yachnin failed to demonstrate that he underwent a continuing course of treatment so as to toll the Statute of Limitations ( see, CPLR 214-a; Young v. New York City Health Hosps. Corp., 91 N.Y.2d 291; Nykorchuck v. Henriques, 78 N.Y.2d 255; Massie v. Crawford, 78 N.Y.2d 516; Fauci v. Wolan, 238 A.D.2d 305). Accordingly, the defendants Milton L. Levine and Herbert Ausubel were entitled to partial summary judgment.
The court was also correct in dismissing the entire complaint insofar as asserted against the defendant David Cohen since the unrefuted evidence established that he never treated the plaintiff Ralph Yachnin and was not a partner of the other respondents at the time of the alleged malpractice ( see, Reeck v. Huntington Hosp., 215 A.D.2d 464).
Sullivan, J.P., Krausman, Goldstein and Luciano, JJ., concur.