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ARNOLD v. LANIER

2019-08290. Index No. 70004/18.

200 A.D.3d 631 (2021)

154 N.Y.S.3d 844

2021 NY Slip Op 06666

Arlene Arnold, Appellant, v. Greg Lanier et al., Defendants, and Abbott Laboratories et al., Respondents.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Meagher & Meagher, P.C., White Plains, NY ( Keith J. Clarke of counsel), for appellant.

Bowman and Brooke LLP, New York, NY ( Christopher R. Carton and Jenny A. Covington , pro hac vice, of counsel), for respondents.

Mastro, J.P., Brathwaite Nelson, Iannacci and Genovesi, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the defendants Abbott Laboratories and St. Jude Medical, LLC, which were pursuant to CPLR 3211(a) to dismiss the first and fifth causes of action insofar as asserted against them are denied.

In 2013, the plaintiff's decedent was implanted with a HeartMate II Left Ventricular Assist System (hereinafter the LVAD), which allegedly was designed and...

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