Legal Opinion
LaBarbera v. New York Eye & Ear Infirmary
New York Court of Appeals
Decided February 17, 1998PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
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 of the statute and its purpose and history, as shaped by and reflected in our governing precedents.
Supreme Court granted defendant Shapiro’s motion for summary…
2Cases cited4 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Rockefeller v. MorontNew York Court of Appeals · 1993
- Rodriguez v. Manhattan Medical Group, P. C.New York Court of Appeals · 1990
- LaBarbera v. New York Eye & Ear InfirmaryAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by20 opinions
- B.F. v. Reprod. Med. Assocs. of N.Y., LLPCourt for the Trial of Impeachments and Correction of Errors · 2017
- Stuard v. JorgensonIdaho Supreme Court · 2011
- 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
- Helgans v. PluradAppellate Division of the Supreme Court of the State of New York · 1998
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