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RANDALL v. WEBER

45 A.D.2d 731 (1974)

Frances D. Randall, as Executrix of Joseph A. Randall, Deceased, Appellant-Respondent, v. Morgan Weber et al., Defendants; Jesse Mahoney, Respondent-Appellant, and Alfred Zwiello, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 10, 1974

Order affirmed, without costs.

We adhere to our decision in Schiffman v. Hospital for Joint Diseases (36 A.D.2d 31, mot. for lv. to app. den. 29 N.Y.2d 483) with respect to the nonapplicability of the "foreign objects — discovery rule" to cases of negligent diagnosis or treatment. However, we affirm the portion of the order from which defendant Mahoney appealed, which gave...

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