Legal Opinion

Tone v. Studin

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2017No. 2015-01649PublishedCited by 6 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), entered January 20, 2015, which granted the motion of the defendant Sanofi-Aventis U.S., LLC, for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contentions, the Supreme Court properly determined that the causes of action against the defendant Sanofi-Aventis U.S., LLC (hereinafter Sanofi), were preempted by the Federal Food, Drug, and…

2Cases cited5 opinions

  1. Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
  2. Lopez v. WS Distribution, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Singh v. Avis Rent a Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Mitaro v. Medtronic, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Pitkow v. LautinAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by6 opinions

  1. Shah v. MTA Bus Co.Appellate Division of the Supreme Court of the State of New York · 2022
  2. VNB New York, LLC v. Y.M. Intercontinental Gem Corp.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Arnold v. LanierAppellate Division of the Supreme Court of the State of New York · 2021
  4. Castro v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2019
  5. Giammarino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023

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