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WOLFGRUBER v. UPJOHN CO.

52 N.Y.2d 768 (1980)

Paul Wolfgruber, Appellant, v. Upjohn Company, Respondent.

Court of Appeals of the State of New York.

Decided December 18, 1980.

Attorney(s) appearing for the Case

David A. Shults for appellant.

Andrea Lynch for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judge MEYER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs.

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice RICHARD J. CARDAMONE at the Appellate Division (72 A.D.2d 59).

MEYER, J. (dissenting).

I would reverse and reinstate the order of Special Term which denied summary judgment to plaintiff based in part on the fact that "plaintiff has not yet deposed the defendant."

Plaintiff, a physician, seeks to recover from defendant, drug...

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