Opinion
Submitted March 25, 1999
July 6, 1999
In a consolidated action to recover damages, inter alia, for medical malpractice and the negligent manufacture of a medical device, the defendant Richards Medical Company, Inc., appeals from an order of the Supreme Court, Kings County (Levine, J.), dated March 20, 1998, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Schneck Weltman Hashmall, LLP, New York, N.Y. (Eric D. Statman, Glenn S. Kerner, and Joanne M. Gray of counsel), for appellant.
Lawrence P. Biondi, New York, N.Y., for respondents.
LAWRENCE J. BRACKEN, J. P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiffs seek to recover damages, inter alia, for the negligent manufacture of a medical device ( see, Sabella v. Vaccarino, 263 A.D.2d 451 [decided herewith]). We agree with the Supreme Court that there are issues of fact which preclude the granting of summary judgment to the appellant. The circumstantial evidence of negligent manufacture of the device at issue offered by the plaintiffs was sufficient to defeat the appellant's summary judgment motion ( cf., Otis v. Bausch Lomb, 143 A.D.2d 649, 650).