In Escobar v. Allen, 5 AD3d 242, 774 N.Y.S.2d 28 (1st Dept. 2004), the plaintiff patient alleged that during the course of a bunionectomy performed by the defendant physicians two guide wire pins broke, leaving metal fragments in her foot, and that she suffered extreme pain, a deformity and a severe limitation of the motion and function to her toes, requiring further surgeries. While not deciding the merits of the plaintiff's res ipsa loquitor claim, the Appellate Division held that, in light of the allegations in the pleadings, the claim was improperly dismissed prior to trial.