Guida v. Trichter

Full title: TRUDY GUIDA, Appellant, v. BENJAMIN TRICHTER, Respondent, et al., Defendant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 28, 1992

188 A.D.2d 636 (N.Y. App. Div. 1992)

591 N.Y.S.2d 520

Opinion

December 28, 1992

Appeal from the Supreme Court, Kings County (Levine, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

Since the plaintiff failed to commence this action against the defendant Trichter within two years and six months of the defendant Trichter's last treatment of the plaintiff, it is time-barred (see, CPLR 214-a). There is no merit to the plaintiff's contention that because the defendant Trichter sold his practice to the defendant Epstein, Epstein's subsequent treatment of the plaintiff for the same medical condition can be imputed to the defendant Trichter for Statute of Limitations purposes (cf., Watkins v Fromm, 108 A.D.2d 233). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.