BERGER v. MEDTRONIC, INC.


229 A.D.2d 556 (1996)

646 N.Y.S.2d 293

Sidney Berger, Respondent-Appellant, v. Medtronic, Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 29, 1996


Ordered that the appeal from so much of the order dated March 14, 1995, as denied the branch of the defendant's motion which was for summary judgment dismissing the plaintiff's cause of action to recover damages for breach of an implied warranty is dismissed, without costs or disbursements, as that part of the order was superseded by the branch of the order dated July 6, 1995, which, upon reargument, dismissed the plaintiff's cause of action to recover damages for breach...

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