Toepp v. Myers Community Hospital

—Order unanimously reversed on the law without costs, motion granted and amended complaint against defendant Graham R. Huckell, M.D. dismissed. Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Elfriede Toepp (plaintiff) when Graham R. Huckell, M.D. (defendant) inadvertently used a bandage containing a surgical or hypodermic needle while applying a cast to plaintiffs foot. The needle became lodged in plaintiffs foot, allegedly resulting in the development of osteomyelitis. Defendant moved to dismiss the complaint against him as barred by the 21/2-year…