Opinion
November 19, 1997
(Appeals from Order and Judgment of Supreme Court, Monroe County, Siracuse, J. — Dismiss Complaint.)
Present — Denman, P. J., Pine, Balio, Boehm and Fallon, JJ.
Cross appeal unanimously dismissed and order and judgment affirmed without costs. Memorandum: Plaintiff, as limited administratrix of her husband's estate and individually, commenced this action based upon decedent's death from AIDS as a result of contaminated blood products furnished by defendant in or about 1980 to treat decedent's hemophilia and based upon plaintiff herself having thereafter been infected with the HIV virus by her husband. She alleges five causes of action for medical malpractice, negligence and fraud.
Supreme Court properly granted defendant's motion dismissing the complaint. The allegations in the fraud causes of action are insufficient to meet the pleading requirements of CPLR 3016 (b). We conclude that the remaining causes of action are time-barred, whether construed as sounding in negligence ( see, CPLR 214) or medical malpractice ( see, CPLR 214-a). The continuous treatment doctrine is inapplicable to the facts herein ( see, Massie v. Crawford, 78 N.Y.2d 516, 519, rearg denied 79 N.Y.2d 978; Nykorchuck v. Henriques, 78 N.Y.2d 255; Patterson v. Minehan, 180 A.D.2d 241, 242-243). Further, we reject plaintiff's contention that the doctrine of equitable estoppel applies ( see, Smith v. Cutson, 188 A.D.2d 1034, lv denied 81 N.Y.2d 707). Lastly, we dismiss the cross appeal because defendant is not an aggrieved party ( see, CPLR 5511; Matter of Brown v Starkweather, 197 A.D.2d 840, 841, lv denied 82 N.Y.2d 653).