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DESABIO v. HOWMEDICA OSTEONICS CORP.

No. 09-CV-287S.

817 F.Supp.2d 197 (2011)

Sam DESABIO, Plaintiff, v. HOWMEDICA OSTEONICS CORP. and Stryker Corporation, Defendants.

United States District Court, W.D. New York.

September 13, 2011.

Attorney(s) appearing for the Case

Sean Daniel Schoenborn , Joseph Demarie , Demarie & Schoenborn, P.C., Buffalo, NY, for Plaintiff.

Paul Edward Asfendis , Kim M. Catullo , Gibbons P.C., New York, NY, Michael A. Brady , Hagerty & Brady, Buffalo, NY, for Defendants.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Plaintiff Desabio commenced this action in New York State Supreme Court, County of Erie, on or about February 20, 2009, alleging claims for breach of express warranty, carelessness and negligence, and breach of implied warranty relating to an allegedly defective hip prosthesis he received. Defendants, the alleged manufacturers and sellers of the prosthesis, removed the action to...

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