Rodriguez v. Manhattan Medical Group, P. C.

I respectfully dissent and would reverse the order of Supreme Court, reinstate the complaint and grant plaintiffs’ motion to dismiss the defendants’ affirmative defense raising a claim that the Statute of Limitations has expired.

This case presents us with the question of whether an intrauterine device (IUD), which had been intentionally inserted into plaintiff’s body by a nonparty, was transformed into a foreign object, by reason of defendants’ failure to remove it upon plaintiff’s request, and therefore subject, under CPLR 214-a, to the foreign object exception to the Statute of Limitations…