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CARMONA v. MATHISSON

4719, 25879/03.

92 A.D.3d 492 (2012)

938 N.Y.S.2d 300

2012 NY Slip Op 1105

JUANITA CARMONA, Appellant, et al., Plaintiff, v. KEVIN ROSS MATHISSON, M.D., et al., Respondents, et al., Defendants.

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

Decided February 14, 2012.

Plaintiff seeks to recover damages for injuries she sustained during cataract surgery performed by defendant Mathisson at defendant Montefiore Medical Center, using an Alcon Series 20000 Legacy phacoemulsification machine. We previously granted summary judgment to Alcon, the manufacturer of the machine, dismissing plaintiff's claims for strict liability and negligent design and manufacture (54 A.D.3d 633 [2008] [Carmona I]). In so...

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