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SCHUMAKER v. BOEHRINGER MANNHEIM CORPORATION/DEPUY

272 A.D.2d 870 (2000)

707 N.Y.S.2d 581

PATRICIA SCHUMAKER, Respondent, v. BOEHRINGER MANNHEIM CORPORATION/DEPUY, Appellant, et al., Defendants.

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

Decided May 10, 2000.

Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendant Boehringer Mannheim Corporation/ DePuy dismissed.

Memorandum:

Supreme Court erred in denying that part of the motion of Boehringer Mannheim Corporation and DePuy, Inc. (defendants), sued incorrectly as Boehringer Mannheim Corporation/DePuy, for summary judgment dismissing the complaint against them as time-barred. The complaint, filed...

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