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ABERBACH v. BIOMEDICAL TISSUE SERVICES, LTD.

48 A.D.3d 716 (2008)

854 N.Y.S.2d 143

RONALD ABERBACH, Respondent, v. BIOMEDICAL TISSUE SERVICES, LTD., et al., Defendants, and MEDTRONIC, INC., et al., Appellants.

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

Decided February 26, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendants Medtronic, Inc., and Medtronic Sofamor Danek USA, Inc., to dismiss the complaint insofar as asserted against them is granted.

According to the complaint, on May 19, 2005 the plaintiff underwent a surgical procedure. During that procedure, bone, bone paste, and other tissue, which were distributed by the defendants Medtronic, Inc., and Medtronic Sofamor Danek USA, Inc. (hereinafter...

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