ROCKEFELLER v. MORONT


81 N.Y.2d 560 (1993)

618 N.E.2d 119

601 N.Y.S.2d 86

Mark Rockefeller et al., Respondents, v. George P. Moront et al., Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1993.


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany (James A. Resila of counsel), for George P. Moront, appellant.

Maynard, O'Connor & Smith, Albany (Arete K. Sprio and Christine Kirwin Krackeler of counsel), for Columbia Memorial Hospital, appellant.

Powers & Santola, Albany (Michael J. Hutter of counsel), for respondents.

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


TITONE, J.

In this medical malpractice action, we are called upon to determine whether a suture that was improperly affixed to an organ not involved in the operation for which plaintiff sought medical treatment constitutes a "foreign object" sufficient to delay accrual of the governing Statute of Limitations until the date that the object's presence was or reasonably should have been discovered. Because the misplaced...

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