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Mitchell v. Carnrick Laboratories, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1997
237 A.D.2d 194 (N.Y. App. Div. 1997)

Opinion

March 25, 1997.

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.

Before: Murphy, P.J., Sullivan, Rubin and Andrias, JJ.


Plaintiff's 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 EliLilly Co., supra).

We have considered plaintiff's other contentions and find them to be without merit.


Summaries of

Mitchell v. Carnrick Laboratories, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 1997
237 A.D.2d 194 (N.Y. App. Div. 1997)
Case details for

Mitchell v. Carnrick Laboratories, Inc.

Case Details

Full title:In the Matter of NEW YORK COUNTY DES ACTIONS. MICHAEL MITCHELL, Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 25, 1997

Citations

237 A.D.2d 194 (N.Y. App. Div. 1997)
655 N.Y.S.2d 468