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NEILS v. STEINBERG

50460/2018.

60 Misc.3d 431 (2018)

76 N.Y.S.3d 921

2018 NY Slip Op 28168

DIANE F. NEILS, Plaintiff, v. DAVID A. STEINBERG, M.D., et al., Defendants.

Supreme Court, Dutchess County.

Decided June 5, 2018.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York City (Daniel Smulian of counsel), for Alcon Laboratories, Inc., defendant.

Peter E. Tangredi & Associates, White Plains (Peter E. Tangredi of counsel), for plaintiff.

Law Offices of Steinberg, Symer & Platt, LLP, Poughkeepsie (Jonathan E. Symer of counsel), for David A. Steinberg, M.D., and another, defendants.

OPINION OF THE COURT

Defendant Alcon Laboratories, Inc. moves for an order, pursuant to CPLR 3211 (a) (1), (2), (7), dismissing the amended verified complaint as to it. Alcon also seeks dismissal on the grounds that the plaintiff's claims as to Alcon are preempted by federal law pursuant to section 521 of the Medical...

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