BERGER v. MEDTRONIC, INC.


164 Misc.2d 378 (1995)

623 N.Y.S.2d 985

Sidney Berger, Plaintiff, v. Medtronic, Inc., Defendant.

Supreme Court, Queens County.

January 19, 1995


Attorney(s) appearing for the Case

Quirk & Bakalor, New York City, for defendant. Joseph J. Filardi, Manhassett, for plaintiff.


JOHN A. MILANO, J.

In this action to recover damages for the alleged failure of a ventricular lead of a pacemaker defendant Medtronic, Inc. seeks an order granting partial summary judgment dismissing the complaint on the grounds of Federal preemption.

Plaintiff commenced the within action on June 18, 1993 by the service of a summons and complaint against Medtronic, Inc., the manufacturer of a pacemaker...

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