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SABELLA v. VACCARINO

263 A.D.2d 450 (1999)

691 N.Y.S.2d 907

MARIA SABELLA et al., Respondents, v. FRANK VACCARINO et al., Defendants, and RICHARDS MEDICAL COMPANY, INC., Appellant.

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

Decided July 6, 1999.

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...

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