This is a motion by the defendant and third-party-plaintiff, Gaynor, to dismiss the complaint as failing to state a cause of action. He characterizes the action as one for breach of an implied warranty, in that plaintiff Cheshire alleges the surgical insertion of an intramedullary pin warranted as properly manufactured and free of defects. The pin broke despite Gaynor's alleged statement that the pin would not break and was as strong...
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