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TONE v. STUDIN

2015-01649, Index No. 700559/13.

148 A.D.3d 1205 (2017)

2017 NY Slip Op 02461

51 N.Y.S.3d 548

ZOE TONE, Appellant, v. JOEL R. STUDIN, M.D., Defendant, and SANOFI-AVENTIS U.S., LLC, Respondent.

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

Decided March 29, 2017.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the Supreme Court properly determined that the causes of action against the defendant Sanofi-Aventis U.S., LLC (hereinafter Sanofi), were preempted by the Federal Food, Drug, and Cosmetic Act, as amended by the Medical Device Amendments of 1976 (see 21 USC § 360 et seq.). The causes of action asserted against Sanofi...

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