58 A.D.2d 331 (1977)

Joyce Bichler, an Infant, by Her Father and Natural Guardian Max Bichler, et al., Respondents, v. Leo Willing, Appellant, et al., Defendants

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

July 14, 1977

Attorney(s) appearing for the Case

Russell H. Beatie, Jr., of counsel (Steven C. Kany and David B. Howorth with him on the briefs; Dewey, Ballantine, Bushby, Palmer & Wood, attorneys), for Leon Willing, appellant and for Eli Lilly and Company, defendant.

Alfred S. Julien of counsel (David Jaroslawicz with him on the brief; Julien & Schlesinger, P. C., attorneys), for respondents.

KUPFERMAN, J. P., BIRNS and CAPOZZOLI, JJ., concur in opinion by YESAWICH, J.; YESAWICH, J., dissents in part and would affirm denial of summary judgment insofar as concerns the strict products liability claim.


This appeal, from an order denying defendant Willing's motion for summary judgment or for dismissal of the complaint with prejudice, concerns itself with a pharmacist's liability, as a retailer, for injuries allegedly occasioned because of the use of a prescription drug, sold by the pharmacist.

It is alleged that in 1953, while Dorothy Bichler was pregnant with the plaintiff, Joyce Bichler...

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