Legal Opinion
Francione v. Birnbaum
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1987PublishedCited by 2 opinions
1Opinion of the Court
— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In 1981, plaintiff underwent surgery for the implantation of a prosthesis. The device required repair, and plaintiff subsequently had further surgery during which the allegedly defective parts of the prosthesis were removed. This action was commenced against the physician who initially implanted the device and the manufacturer of the prosthesis.
In November 1985, plaintiff moved for the examination before trial of American Medical Systems (AMS), the manufacturer. The…
2Cases cited4 opinions
- George W. Collins, Inc. v. Olsker-McLain Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Johnson, Drake & Piper, Inc. v. StateNew York Court of Claims · 1970
- Rodriguez v. City of New YorkNew York Court of Appeals · 1970
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by2 opinions
- Kimmel v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- MH Residential 1, LLC v. BarrettAppellate Terms of the Supreme Court of New York · 2013