Order unanimously reversed on the law without costs and defendant Kelly's motion granted. Memorandum: An action for medical malpractice must be commenced within 2 1/2 years from the act, omission or failure complained of, or 2 1/2 years from the "last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure" (CPLR 214-a). The last date that decedent saw defendant Dr. Kelly was May 10, 1982. Thus, the action commenced against him on March 20, 1985 is time barred and the complaint against him must be dismissed.
Plaintiff's contention that continuous treatment by defendant Dr. Howland is sufficient to toll the Statute of Limitations against Dr. Kelly is without merit. The continuous treatment doctrine is not available here because there has been no showing that Howland (primary physician) and Kelly (diagnosing physician) were agents of each other or that there was a continuing relevant relationship between the two doctors or between decedent and Kelly (see, Ruane v. Niagara Falls Mem. Med. Center, 60 N.Y.2d 908; McDermott v. Torre, 56 N.Y.2d 399; Swartz v. Karlan, 107 A.D.2d 801; La Bay v. White Plains Hosp., 97 A.D.2d 432; Florio v Cook, 65 A.D.2d 548, affd 48 N.Y.2d 792). The fact that Howland and Kelly were members, employees, and shareholders of the Buffalo Medical Group did not make each the agent of the other and thus vicariously liable for the malpractice of the other (see, Hill v. St. Clare's Hosp., 67 N.Y.2d 72; Bradt v. Hamel, 144 A.D.2d 921; Pellegrino v. Fillmore Hosp., 140 A.D.2d 954). Howland's continued reliance on Kelly's diagnosis is insufficient, in and of itself, to establish a continuing relevant relationship so as to toll the Statute of Limitations against Kelly (see, Damsker v. Berger, 123 A.D.2d 343).