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NEALY v. U.S. SURGICAL CORP.

No. 06 Civ. 11390(VM).

587 F.Supp.2d 579 (2008)

Brenda NEALY, as Administratrix of the Estate of Erica Nealy, Plaintiff, v. UNITED STATES SURGICAL CORPORATION, Defendant.

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

November 14, 2008.

Attorney(s) appearing for the Case

Brenda Nealy, New York, NY, pro se.

Patrick A. Hamilton, James E. Berger, Teresa R. Laidacker, Shook Hardy & Bacon, LLP, Kansas City, MO, William Edward Vita, Westerman, Ball, Ederer, Miller & Sharfstein, LLP, Mineola, NY, for Defendant.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff Brenda Nealy ("Nealy"), as Administratrix of the Estate of Erica Nealy (the "decedent"), brought this action against United States Surgical Corporation ("U.S. Surgical") in New York State court alleging claims of negligence, strict liability, breach of express warranty, breach of implied warranty, fraudulent misrepresentation, fraudulent concealment, violation of consumer protection statutes...

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