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REYES v. ANKA RESEARCH

111 Misc.2d 152 (1981)

Amelia M. Reyes et al., Plaintiffs, v. Anka Research, Ltd., et al., Defendants.

Supreme Court, Special Term, Kings County.

October 19, 1981

Attorney(s) appearing for the Case

Marvin E. Goldberg and Talisman & Rudin (Wilbur S. Talisman of counsel), for plaintiffs. James E. Hannon and John S. Zachary, P. C. (William J. Fullam of counsel), for Baldo V. Bertocchi, defendant.

SAMUEL GREENSTEIN, J.

The motion to dismiss is decided as follows:

Plaintiff Amelia Reyes, together with her husband Jose Reyes, has sued her prior physician for alleged malpractice for insertion in 1973 of a Majzlin Spring Intrauterine Device (hereinafter known as IUD), a birth control device which was recalled at the medical level by the Federal Food and Drug Administration (F.D.A.), allegedly prior to the date of insertion. Plaintiff has also...

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