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Carl Bartkowiak, Plaintiff-Appellant v. Medtronic

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


July 2, 2009

CARL BARTKOWIAK, PLAINTIFF-APPELLANT,
v.
MEDTRONIC, INC., MEDTRONIC SOFAMOR DANEK, INC., MEDTRONIC SOFAMOR DANEK, USA, INC., SPINAL GRAFT TECHNOLOGIES, L.L.C., REGENERATION TECHNOLOGIES, INC., MERCY HOSPITAL OF BUFFALO, CATHOLIC HEALTH SYSTEM, INC.,
DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. VINAL & VINAL, BUFFALO (JEANNE M. VINAL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered December 17, 2007 in an action for, inter alia, strict products liability.

828

ORDER

PRESENT: SCUDDER, P.J., MARTOCHE, FAHEY, CARNI, AND PINE, JJ.

The order, among other things, granted the motions of defendants Medtronic, Inc., Medtronic Sofamor Danek, Inc., Medtronic Sofamor Danek, USA, Inc., Regeneration Technologies, Inc., Mercy Hospital of Buffalo, and Catholic Health System, Inc. to dismiss the complaint against them.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.

Entered: July 2, 2009 Patricia L. Morgan Clerk of the Court

20090702

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