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HELMRICH v. LILLY & CO.

89 A.D.2d 441 (1982)

Susan P. Helmrich, Plaintiff, v. Eli Lilly & Company, Respondent, and Syracuse University, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 9, 1982

Attorney(s) appearing for the Case

Bond, Schoeneck & King (Edwin J. Kelly, Jr., and John J. Dee of counsel), for appellant.

Dewey, Ballantine, Bushby, Palmer & Wood (Greene, Hershdorfer & Sharpe, Sanford N. Berland, Thomas C. Mazza, Hilbert I. Greene and David A. Riso of counsel), for respondent.

DILLON, P. J., SIMONS, CALLAHAN and BOOMER, JJ., concur.

SCHNEPP, J.

In an action for damages brought by a plaintiff who claims that she was prenatally exposed to diethystilbestrol (DES) and developed vaginal cancer, we are confronted with the question whether a hospital which is alleged to have treated her improperly may seek contribution from the pharmaceutical manufacturer which produced, marketed and sold the alleged cancer-causing agent. We hold that under the facts in this case as framed by the pleadings...

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