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Sabella v. Vaccarino

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1999
263 A.D.2d 450 (N.Y. App. Div. 1999)

Opinion

Submitted March 25, 1999

July 6, 1999

In a consolidated action to recover damages, inter alia, for medical malpractice and the negligent manufacture of a medical device, the defendant Richards Medical Company, Inc., appeals from an order of the Supreme Court, Kings County (Levine, J.), dated March 20, 1998, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Schneck Weltman Hashmall, LLP, New York, N.Y. (Eric D. Statman, Glenn S. Kerner, and Joanne M. Gray of counsel), for appellant.

Lawrence P. Biondi, New York, N.Y., for respondents.

LAWRENCE J. BRACKEN, J. P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiffs seek to recover damages, inter alia, for the negligent manufacture of a medical device ( see, Sabella v. Vaccarino, 263 A.D.2d 451 [decided herewith]). We agree with the Supreme Court that there are issues of fact which preclude the granting of summary judgment to the appellant. The circumstantial evidence of negligent manufacture of the device at issue offered by the plaintiffs was sufficient to defeat the appellant's summary judgment motion ( cf., Otis v. Bausch Lomb, 143 A.D.2d 649, 650).


Summaries of

Sabella v. Vaccarino

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1999
263 A.D.2d 450 (N.Y. App. Div. 1999)
Case details for

Sabella v. Vaccarino

Case Details

Full title:MARIA SABELLA, et al., respondents, v. FRANK VACCARINO, etc., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 6, 1999

Citations

263 A.D.2d 450 (N.Y. App. Div. 1999)
691 N.Y.S.2d 907

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