Opinion
Argued March 17, 2000.
May 15, 2000.
In an action to recover damages for dental malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 21, 1999, which granted the defendant's motion for partial summary judgment with respect to all acts of negligence occurring before February 1, 1995.
Schuman Sall, White Plains, N.Y. (Eliot M. Schuman of counsel), for appellant.
Ahmuty, Demers McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly determined that the continuous treatment doctrine did not toll the Statute of Limitations applicable to the plaintiff's dental malpractice claim (see, Kasten v. Blaustein, 214 A.D.2d 539; Grassman v. Slovin, 206 A.D.2d 504). While the record demonstrates that the parties were engaged in an ongoing dentist-patient relationship, the plaintiff failed to show that the defendant was providing continuous treatment "for the same illness, injury or condition" underlying his claims of malpractice as alleged in the bill of particulars (see, CPLR 214-a; Grassman v. Slovin, supra; Trebach v. Brown, 250 A.D.2d 449).
SULLIVAN, J.P., FLORIO, LUCIANO and FEUERSTEIN, JJ., concur.