Summary
stating that suture material intentionally left in the body does not constitute a foreign object
Summary of this case from Beckel v. GerberOpinion
May 18, 1987
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the defendant Ralph DeLuca, and the action insofar as it is against the remaining defendant is severed.
A fixation device, in this case, suture material, intentionally placed in the body and not left there in the course of some later procedure in which it should have been removed, does not constitute a "foreign object", even though the claim arose prior to July 1, 1975, the effective date of CPLR 214-a (see, Mitchell v. Abitol, 130 A.D.2d 633 [decided herewith]; Cooper v. Edinbergh, 75 A.D.2d 757). Mangano, J.P., Eiber, Kunzeman and Harwood, JJ., concur.