New York Court of Appeals

Mark Rockefeller, Respondents v. George P. Moront, Appellants

July 6, 199381 N.Y.2d 560

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the suture placed during the plaintiff's hernia repair is a fixation device, not a "foreign object" within the discovery rule exception. Consequently, the foreign‑object exception does not apply and the malpractice action is barred by the three‑year statute of limitations.