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THORNTON v. ROOSEVELT HOSP.

59 A.D.2d 680 (1977)

Jock Thornton, as Executor of Sharon R. Thornton, Deceased, et al., Respondents-Appellants, v. Roosevelt Hospital, Appellant-Respondent, and Testagar, Inc., Individually and as a Subsidiary of Fellows Medical Manufacturing Inc., Respondents. Jock Thornton, as Executor of Sharon R. Thornton, Deceased, et al., Respondents-Appellants, v. Roosevelt Hospital, Defendant, and Testagar, Inc., Individually and as a Subsidiary of Fellows Medical Manufacturing Inc., Appellant-Respondent

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

October 20, 1977

Unanimously modified, on the law, to strike those portions granting leave to replead causes of action sounding in strict liability, and otherwise affirmed, without costs and without disbursements.

Special Term, granting motions to dismiss causes for wrongful death as time-barred, granted leave to plead over, as indicated, in the belief that the action on the new cause would be timely. This case is based on injection of a substance into the decedent, allegedly resulting...

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