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CARMONA v. MATHISSON

54 A.D.3d 633 (2008)

JUANITA CARMONA et al., Respondents, v. KEVIN ROSS MATHISSON, M.D., et al., Respondents, and ALCON LABORATORIES INC. et al., Appellants, et al., Defendants.

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

September 25, 2008.

This action seeks damages for injuries allegedly sustained by plaintiff Juanita Carmona during cataract surgery. The surgery was performed by defendant Mathisson at defendant Montefiore Medical Center, using an Alcon Series 20000 Legacy phacoemulsification machine manufactured by defendant Alcon.

On Alcon's motion for summary judgment, the court granted dismissal only as to causes of action for negligence for failure to...

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