MURPHY v. LILLY & CO.


146 Misc.2d 23 (1989)

Mary L. Murphy et al., Plaintiffs, v. Eli Lilly & Co. et al., Defendants.

Supreme Court, Onondaga County.

December 1, 1989


Attorney(s) appearing for the Case

Goodwin, Proctor & Hoar (Richard A. Oetheimer of counsel), and Greene, Hershdorfer & Sharpe (Lorraine M. Rann of counsel), for Eli Lilly & Co., defendant. Harter, Secrest & Emery (Peter M. Blauvelt of counsel), for Abbott Laboratories, Inc., defendant. Sedgwick, Detert, Moran & Arnold (Ann L. Wilson of counsel), for Upjohn Company, defendant. Hiscock & Barclay (Victoria K. Munley of counsel), for Vale Chemical Company, defendant. Bond, Schoeneck & King (Jonathan B. Fellows of counsel), for Merck & Company, Inc., defendant. Phillips, Lytle, Hitchcock, Blaine & Huber (Tamar P. Halpern of counsel), for E. R. Squibb & Sons, Inc., defendant. Leonard L. Finz, P. C. (Stuart L. Finz of counsel), for plaintiffs.


THOMAS J. LOWERY, JR., J.

The defendants, Lilly, Abbott, Upjohn, Vale, Merck, and Squibb, seek an order granting partial summary judgment (CPLR 3212 [e]) dismissing the derivative claim of plaintiff Kevin Murphy for loss of consortium on the ground that the alleged tortious conduct which gave rise to his wife's claim for personal injury occurred prior to the marriage.

The defendants' motions for partial...

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