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SCHWARTZ v. HEYDEN CHEM. CORP.

12 N.Y.2d 212 (1963)

Nathan C. Schwartz, Appellant, v. Heyden Newport Chemical Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided January 23, 1963.

Attorney(s) appearing for the Case

Alfred S. Julien and David G. Lubell for appellant.

Harmon Duncombe, George S. Flint and Lawrence W. Schilling for Heyden Newport Chemical Corporation, respondent.

Judges DYE, VAN VOORHIS, FOSTER and SCILEPPI concur with Judge BURKE; Chief Judge DESMOND dissents in an opinion in which Judge FULD concurs.

BURKE, J.

The sole issue on this appeal, by leave of this court, is whether an order granting defendant's motion to dismiss the complaint on the ground that the action is barred by the Statute of Limitations was proper. We think it was.

In 1944, when plaintiff was in a Naval hospital, a product called "Umbrathor", manufactured by defendant, was inserted into...

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