RODRIGUEZ v. MED. GROUP


77 N.Y.2d 217 (1990)

Evelyn Rodriguez et al., Appellants, v. Manhattan Medical Group, P. C., et al., Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1990.


Attorney(s) appearing for the Case

William Kirchhofer for appellants.

Thomas Samuel Nogaro and Michael Saunders for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.


TITONE, J.

Although a medical malpractice action must ordinarily be brought within 2½ years after the act, omission or failure complained of, the time for commencing an action based on the discovery of a "foreign object" does not begin to run until the date the object was, or should have been, discovered (CPLR 214-a). This appeal requires us to consider whether a "fixation device" originally implanted in...

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