Defendant met its prima facie burden of demonstrating that the action was barred by the statute of limitations by showing that plaintiff sought no further treatment for his arm injury after he returned for a post-operative evaluation on March 15, 2021, and that he commenced the action on September 25, 2023, more than two years and six months after that date. Once defendant met its prima facie burden, it was plaintiff's burden to demonstrate triable issues of fact with respect to application of the continuous treatment doctrine. Plaintiff failed to meet his burden. Preliminarily, the record contains no indication that plaintiff submitted papers in opposition to defendant's motion. In any event, the record includes no evidence suggesting that plaintiff sought or obtained any additional treatment for his condition after March 15, 2021. Although the medical chart from the appointment contains a note stating that plaintiff was to come back for a follow-up visit in six weeks, the record contains no evidence indicating that plaintiff ever scheduled or attended such an appointment.
Backer v. Parsons, NY Slip Op 03917 (1st Dep't June 23, 2026)
