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GAYLORD v. GENTILE

805351/16. Appeal No. 12124. Case No. 2019-5522.

187 A.D.3d 569 (2020)

130 N.Y.S.3d 677

2020 NY Slip Op 05850

Scott Gaylord, Appellant, v. David P. Gentile, Respondent, et al., Defendants.

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

Decided October 20, 2020.

The stent that was placed in plaintiff's ureter as part of a surgical procedure to remove kidney stones and was intended to remain for two to four weeks post-procedure to insure that the ureter remained unobstructed, allowing urine and stone fragments to pass, was a fixation device, not a foreign object that may toll the statute of limitations (CPLR 214-a; see LaBarbera v New York Eye & Ear Infirmary, 91 N.Y.2d 207, 212 [1998...

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