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CUTRONEO v. DRYER

12 A.D.3d 811 (2004)

784 N.Y.S.2d 247

GRACE CUTRONEO et al., Appellants-Respondents, v. JOSEPH W. DRYER, Respondent-Appellant, and SYNTHES (USA), Respondent.

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

November 10, 2004.

Carpinello, J.

On January 30, 1996, plaintiff Grace Cutroneo (hereinafter plaintiff) had a titanium rod inserted into her spine by defendant Joseph W. Dryer, an orthopedic surgeon. The rod had been manufactured by defendant Synthes (USA). Over three years later, it was discovered that the rod had broken requiring Dryer to perform a second surgery on October 5, 1999 to remove the rod and replace it. Within months of the second...

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