Kathleen Clark, Respondent,
v.
Abbott Laboratories et al., Defendants, and E.R. Squibb & Sons, Inc., et al., Appellants. (Appeal No. 3.)
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
March 16, 1990
March 16, 1990
Attorney(s) appearing for the Case
Allen, Lippes & Shonn (Kimberly J. Czapranski of counsel), for respondent.
Maloney, Gallup, Roach, Brown & McCarthy, P. C. (Brian Sutter and Daniel T. Roach of counsel), for Merrill Dow Pharmaceuticals, Inc., appellant.
Simpson, Thacher & Bartlett (Andrew S. Amer and Thomas C. Rice of counsel), for Winthrop Pharmaceuticals, appellant.
Phillips, Lytle, Hitchcock, Blaine & Huber (Alexander C. Cordes of counsel), for E.R. Squibb & Sons, Inc., appellant.
Harter, Secrest & Emery (Bruce Hansen of counsel), for Abbott Laboratories, appellant.
Lester, Schwab, Katz & Dwyer (Alexander C. Cordes of counsel), for Burroughs Wellcome Co., USA, Inc., appellant.
Winthrop, Stimson, Putnam & Roberts (Alexander C. Cordes, A. Edward Grashoff and Sheila Moeller Fessler of counsel), for RXDC, Inc., appellant.
Sedgwick, Detert, Moran & Arnold (Alexander C. Cordes of counsel), for The Upjohn Co., appellant.
Greene, Hershdorfer & Sharpe (John L. McGolderick, John J. Dee, John F. Brenner and Jonathan B. Fellows of counsel), for Eli Lilly & Co., appellant.
Bond, Schoeneck & King (John L. McGolderick of counsel), for Merck & Co., Inc., appellant.
DENMAN, J. P., and DAVIS, J., concur with BALIO, J.; BOOMER, J., dissents and votes to reverse and dismiss the complaint in a separate opinion.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
BALIO, J.
The issue on this appeal is whether the one-year time period for commencement of actions under the toxic tort revival statute (L 1986, ch 682, § 4) is a Statute of Limitations or a condition precedent. We hold that the time period is a Statute of Limitations and that the period may be extended by compliance with CPLR 203 (b) (5).
Plaintiff Kathleen Clark was born in 1958. She allegedly...
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