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Mitchell v. Carnrick Laboratories, Inc.
237 A.D.2d 194
| N.Y. App. Div. | 1997
|
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—Order, Supreme Court, New York County (Ira Gammerman, J.), entered November 21, 1995, which, upon granting plaintiff’s motion for reargument, adhered to a prior order, same court and Justice, entered July 27, 1995, to the extent that it granted defendants-respondents’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs cause of action for injuries allegedly suffered as a result of his exposure to diethylstilbestrol (DES) accrued in Georgia, where his mother had purchased and ingested the drug, and not where the injury first became manifest (Godfrey v Eli Lilly & Co., 223 AD2d 427, lv denied 88 NY2d 801). Because Georgia does not recognize non-identification theories of liability in cases such as this (see, Blackston v Shook & Fletcher Insulation Co., 764 F2d 1480, 1483), the complaint must be dismissed (Godfrey v Eli Lilly & Co., supra).

We have considered plaintiff’s other contentions and find them to be without merit. Concur—Murphy, P. J., Sullivan, Rubin and Andrias, JJ.

Case Details

Case Name: Mitchell v. Carnrick Laboratories, Inc.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 25, 1997
Citation: 237 A.D.2d 194
Court Abbreviation: N.Y. App. Div.
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