SINGER v. LILLY & CO.


153 A.D.2d 210 (1990)

Jane Singer et al., Appellants, v. Eli Lilly & Company et al., Respondents

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

January 4, 1990


Attorney(s) appearing for the Case

Paul D. Rheingold of counsel (Rheingold & McGowan, P. C., attorneys), for appellants.

Russel H. Beatie, Jr., of counsel (Samuel J. Abate, Jr. and Susan E. Kelty with him on the brief; Brown & Wood, attorneys), for Eli Lilly and Company, respondent.

Jay P. Mayesh of counsel (William A. Rome, Karl E. Seib, Jr., Robert D. Wilson, A. Edward Grashof and Sheila Moeller Fessler with him on the brief; Stroock & Stroock & Lavan; Patterson, Belknap, Webb & Tyler; and Winthrop, Stimson, Putnam & Roberts, attorneys), for The Upjohn Company and others, respondents.

Joseph M. Costello of counsel (Carl H. Sword with him on the brief; Costello & Shea, attorneys), for American Home Products, respondent.

Robert M. Dato of counsel (David J. Fleming, Nancy Lucas Haniotis, Barry M. Epstein, Marc S. Klein and Lindsay H. Lew with him on the brief; Dickson, Carlson & Campillo, and Sills Cummis Zuckerman Radin Tischman Epstein & Gross, P. A., attorneys), for E. R. Squibb, respondent.

Thomas C. Rice of counsel (Andrew S. Amer with him on the brief; Simpson Thacher & Bartlett, attorneys), for Winthrop Pharmaceuticals, a Division of Sterling Drug, Inc., respondent.

MILONAS, ELLERIN and RUBIN, JJ., concur.


SULLIVAN, J. P.

Plaintiffs, a husband and wife, brought this action against eight manufacturers1 of the prescription drug, diethylstilbestrol (DES), seeking the recovery of damages for injuries allegedly sustained as a result of the wife's in utero exposure to the drug in 1949. Although expressly brought pursuant to New York's "Toxic Tort Revival Statute" (L 1986, ch 682,...

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