Legal Opinion
Knox v. St. Luke's Hospital
Appellate Division of the Supreme Court of the State of New York
Decided June 14, 2016No. 1448 800165/10PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Lucy Billings, J.), entered February 19, 2015, which granted the motion of defendant Ronald Dreifuss, M.D. and the cross motion of defendant hospital to dismiss the complaint as time-barred, unanimously affirmed, without costs.
Plaintiff acknowledges that the catheter cuff, which was inserted into his chest to facilitate hemodialysis, was a fixation device, but argues that when it was inadvertently left in his chest after the catheter tube was removed, it became a “foreign object” (CPLR 214-a). Plaintiff’s contention that the foreign-object toll applies…
2Cases cited4 opinions
- LaBarbera v. New York Eye & Ear InfirmaryNew York Court of Appeals · 1998
- Gonzalez v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Adam L. Walton v. Strong Memorial HospitalNew York Court of Appeals · 2015
- Newman v. KeuhnelianAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by5 opinions
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