Liberski v. Zimmer USA, Inc.

Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered September 21,1981 in Schenectady County, which granted defendant Zimmer *1073USA, Inc.’s motion for summary judgment. In this action to recover damages for personal injuries arising out of the implantation of an allegedly defective hip prosthesis, defendant Zimmer USA, Inc. (Zimmer), after being furnished with an unverified and insufficient bill of particulars, moved for and, without opposition, was granted a 60-day conditional order of preclusion. Before the order was signed, plaintiffs were asked to make known to…