TIGUE v. SQUIBB & SONS


136 Misc.2d 467 (1987)

Elizabeth Tigue et al., Plaintiffs, v. E. R. Squibb & Sons, Inc., et al., Defendants.

Supreme Court, New York County.

July 16, 1987


Attorney(s) appearing for the Case

Winthorp, Stimson, Putnam & Roberts for Rexall Drug Company, defendant. Stroock & Stroock & Lavan for the Upjohn Company, defendant. Patterson, Belknap, Webb & Tyler for Abbott Laboratories, Inc., defendant. Lester Schwab Katz & Dwyer for William H. Rorer, Inc., defendant. Michael Best & Friedrich for Kremers-Urban Company, defendant. Bell, Wolfkowitz, Beckman & Klee and Underweiser & Underweiser for Amfre-Grant, Inc., defendant. Hughes, Hubbard & Reed for Merck Sharp & Dohme, defendant. Leonard Sheft for Carnrick Laboratories and another, defendants. Costello & Shea for E. R. Squibb & Sons, Inc., defendant. Bower & Gardner for Boyle & Company Pharmaceuticals, defendant. Aaron J. Broder for Elizabeth Tigue, plaintiff.


IRA GAMMERMAN, J.

Defendants Rexall Drug Company (Rexall), the Upjohn Company (Upjohn) and Abbott Laboratories (Abbott) move pursuant to CPLR 3212 for summary judgment dismissing the complaint based upon the conceded inability of plaintiffs to identify the particular manufacturer of the drug, diethylstilbestrol (DES) to which they were allegedly exposed. Defendants contend that the right to recover on collective...

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