Karen S. Besser, Appellant,
v.
E. R. Squibb & Sons, Inc., et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 30, 1989.
March 30, 1989.
Attorney(s) appearing for the Case
William D. Fireman of counsel (Alfred S. Julien with him on the brief; Julien & Schlesinger, P. C., attorneys), for appellant.
Robert M. Dato of counsel (Barry M. Epstein, Marc S. Klein, Lindsay H. Lew, David J. Fleming, Nancy Lucas Haniotis, Russel H. Beatie, Jr., and Sanford N. Berland with him on the brief; Sills Cummis Zuckerman Radin Tischman Epstein & Gross, P. A., and Dickson, Carlson & Campillo, attorneys), for E. R. Squibb & Sons, Inc., and Russel H. Beatie, Jr., for Eli Lilly & Company, respondents. (One brief filed.)
William A. Rome of counsel (Jay P. Mayesh and Robin J. Stout with him on the brief; Stroock & Stroock & Lavan, attorneys), for The Upjohn Company, respondent.
KUPFERMAN, P. J., and WALLACH, J., concur with SULLIVAN, J; ASCH, J., dissents in a separate opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
SULLIVAN, J.
This appeal from the dismissal of a complaint on the ground that the action, commenced pursuant to the "revival statute", was barred by the "borrowing statute" involves the interplay between the latter (CPLR 202)1 and the 1986 statute which revived causes of action arising out of exposure to diethylstilbestrol (DES) and other...
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