MOSCHETTI v. SAXE

We agree with the IAS Court that this case, involving the alleged negligence of a doctor in failing to remove an IUD previously implanted, cannot be distinguished from Rodriguez v Manhattan Med. Group ( 77 N.Y.2d 217), involving the alleged negligence of a doctor in failing to remove an IUD previously implanted by another doctor, and that the alleged negligence did not transform the IUD from a "fixation device" into a "foreign object" so as to make the delayed discovery rule of CPLR 214-a applicable (see also, Rockefeller v Moront, 81 N.Y.2d 560). Accordingly, the action was properly dismissed as time-barred.

Concur — Murphy, P.J., Sullivan, Ross and Asch, JJ.