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COUNTY OF ERIE v. ABBOTT LABS

2439/05.

30 Misc.3d 837 (2010)

913 N.Y.S.2d 482

COUNTY OF ERIE, Plaintiff, v. ABBOTT LABORATORIES, INC., et al., Defendants.

Supreme Court, Erie County.

July 19, 2010.

Attorney(s) appearing for the Case

Nixon Peabody ( Vivian M. Quinn of counsel), and Ober Kaler ( Kelly J. Davidson of counsel), for defendants.

Weitz & Luxenberg ( Michael E. Pederson of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Defendants have moved for an order pursuant to CPLR 3126 to strike the complaint and dismiss all causes of action against defendants with prejudice based on alleged discovery abuses and violations of discovery orders. Alternatively, defendants request various forms of relief as described in paragraph 62 of the affirmation of Vivian Quinn.

The discovery devices...

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