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PASEK v. CATHOLIC HEALTH SYS., INC.

1035 CA 19-02095.

195 A.D.3d 1481 (2021)

150 N.Y.S.3d 173

2021 NY Slip Op 03776

Julie E. Pasek, Individually and as Power of Attorney for James G. Pasek, Respondent, v. Catholic Health System, Inc., et al., Defendants, and Colder Products Company, Appellant.

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

Decided June 11, 2021.

Attorney(s) appearing for the Case

TUCKER ELLIS LLP, CLEVELAND, OHIO ( LAURA KINGSLEY HONG , OF THE OHIO BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND HURWITZ & FINE, P.C., BUFFALO, FOR DEFENDANT-APPELLANT.

BROWN CHIARI LLP, BUFFALO ( ANGELO S. GAMBINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this action for, inter alia, strict products liability seeking damages for injuries sustained by James G. Pasek, Colder Products Company (defendant) appeals from an order that, insofar as appealed from, denied that part of its motion seeking summary judgment dismissing plaintiff's failure to warn claim against it. We affirm.

Pasek underwent mitral valve...

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