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  5. 79 N.Y.2d 299 (1992)
 

MATTER OF DES MKT. SHARE LITIG.

79 N.Y.2d 299 (1992)

In the Matter of DES Market Share Litigation.

Court of Appeals of the State of New York.

Decided March 31, 1992.

Attorney(s) appearing for the Case

Kenneth A. Cohen, Marshall Simonds, Robert W. Keller, Jay P. Mayesh and David M. Covey for Eli Lilly and Company and another, appellants.

Charles J. Walsh, Stuart M. Feinblatt, Theodore V. H. Mayer, Carl H. Sword, Jr., Paul K. Stecker, Tamar P. Halpern, Leslie A. McHugh and Karl E. Seib, Jr., for E. R. Squibb & Sons, Inc., and others, appellants.

William D. Fireman and Stuart A. Schlesinger for respondents.

Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge BELLACOSA taking no part.

Chief Judge WACHTLER.

In Hymowitz v Lilly & Co. (73 N.Y.2d 487, 507), this Court, recognizing that "extant common-law doctrines, unmodified, provide no relief for the DES plaintiff unable to identify the manufacturer of the drug that injured her," adopted a market share theory to create a "realistic avenue of relief for plaintiffs injured by DES." Since our decision...

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