Garrett v. Brooklyn Hospital

OPINION OF THE COURT

Arthur Cooperman, J.

In this medical malpractice action, defendant moves to dismiss upon the ground that plaintiff’s action was not commenced within the time allowed therefor.

The question this court is being asked to resolve is whether a piece of glass left in a patient’s hand after an operation for its removal constitutes a foreign object within the meaning of related decisional and statutory authority.

If it does, plaintiff would be entitled to the application of an exception to the Statute of Limitations as enunciated in Flanagan v Mount Eden Gen. Hosp. (24 NY2d 427) and…