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LaBARBERA v. NY EYE & EAR

91 N.Y.2d 207 (1998)

691 N.E.2d 617

668 N.Y.S.2d 546

Peter LaBarbera, Appellant, v. New York Eye and Ear Infirmary, Defendant, and Jack M. Shapiro, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1998.

Attorney(s) appearing for the Case

Andrew Lavoott Bluestone, New York City, for appellant.

Montfort, Healy, McGuire & Salley, Garden City (E. Richard Rimmels, Jr. and Bruce A. Cook of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

This appeal arises from a medical malpractice action whose viability is dependent on the application and contours of CPLR 214-a. This Court is obliged to determine whether a plastic stent, placed in plaintiff's nose for postsurgery healing purposes, constitutes a "foreign object" that would avoid the bar of the statute of repose. We conclude that the device is not a foreign object within the meaning...

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