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STERNBERG v. GARDSTEIN

120 A.D.2d 93 (1986)

Elaine Sternberg, Respondent, v. Henry Gardstein, Appellant

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

November 10, 1986

Attorney(s) appearing for the Case

Mooney, Percy & Hirshhorn, P. C. (William J. Borman of counsel), for appellant.

Turen & Turen (Louis G. Turen of counsel), for respondent.

BROWN, J. P., RUBIN and KOOPER, JJ., concur.

LAWRENCE, J.

A medical malpractice action based upon the discovery of a foreign object in a patient's body accrues, and the one-year Statute of Limitations begins to run, when the object was or could reasonably have been discovered by the patient (see, CPLR 214-a). On this appeal we are asked to determine whether an intrauterine contraceptive device (hereinafter IUD), which the plaintiff's physician failed...

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