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BERISH v. RICHARDS MEDICAL CO.

No. 94-CV-1376.

928 F.Supp. 185 (1996)

Paul BERISH, Plaintiff, v. RICHARDS MEDICAL COMPANY, n/k/a Smith & Nephew Richards, Inc., Defendant.

United States District Court, N.D. New York.

June 21, 1996.

Attorney(s) appearing for the Case

Mainetti, Mainetti Law Firm, Kingston, NY (Marino D'Orazio, of counsel), for plaintiff.

Schneck, Weltman Law Firm, New York City (Glenn S. Kerner, of counsel), for defendant.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

The plaintiff, PAUL BERISH, commenced this action against the defendant, SMITH & NEPHEW RICHARDS, INC., in the New York State Supreme Court, Ulster County, on or about September 30, 1994. The plaintiff alleges claims sounding in negligence, strict products liability, and breach of express and implied warranties. These claims are made in relation to an allegedly defective femoral...

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