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ROSENFELD v. ROBINS CO.

63 A.D.2d 11 (1978)

Doris Rosenfeld, Individually and for Others, Similarly Situated, Appellant, v. A. H. Robins Co., Inc., Respondent

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

July 3, 1978

Attorney(s) appearing for the Case

Lichtenberg & Goss, P. C. (David J. Goss and Murray Lichtenberg of counsel), for appellant.

Gair, Gair & Conason (Herman Schmertz of counsel), for respondent.

TITONE, J. P., and COHALAN, J., concur with GULOTTA, J.; SHAPIRO, J., dissents and votes to reverse the order and grant plaintiff's motion to the extent of granting class action certification to the issues of defective design and failure to warn, with an opinion.

GULOTTA, J.

On this appeal we are called upon to interpret the recently enacted class action statute CPLR article 9 (L 1975, ch 207). The underlying action sounds in products liability and involves an intrauterine device (IUD) known as the Dalkon Shield. The device was manufactured by defendant, A. H. Robins Co., Inc. (A. H. Robins), between 1970 and 1975. Plaintiff, a former user of the Dalkon Shield, alleges...

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