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MOSCHETTI v. SAXE

199 A.D.2d 79 (1993)

605 N.Y.S.2d 47

Elizabeth Moschetti et al., Appellants, v. Irving H. Saxe et al., Respondents

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

December 14, 1993

We agree with the IAS Court that this case, involving the alleged negligence of a doctor in failing to remove an IUD previously implanted, cannot be distinguished from Rodriguez v Manhattan Med. Group (77 N.Y.2d 217), involving the alleged negligence of a doctor in failing to remove an IUD previously implanted by another doctor, and that the alleged negligence did not transform the IUD from a "fixation device" into a "foreign object...

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