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McCARTHY v. BRISTOL LABS.

86 A.D.2d 279 (1982)

Evelyn McCarthy et al., Respondents, v. Bristol Laboratories, Division of Bristol-Myers Company, et al., Appellants

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

April 19, 1982

Attorney(s) appearing for the Case

Richard L. Stern (Edward P. Carroll of counsel), for Bristol Laboratories, Division of Bristol-Myers Company, appellant.

Dewey, Ballantine, Bushby, Palmer & Wood (Thomas C. Mazza and Sanford N. Berland of counsel), for Eli Lilly and Company, appellant.

Barry, McTiernan & Moore (Richard J. Nealon of counsel), for respondents.

LAZER, J. P., MANGANO and O'CONNOR, JJ., concur.

BROWN, J.

The facts underlying this action are undisputed. In October, 1971, while traveling through Pennsylvania, plaintiff Evelyn McCarthy, then a New York resident, was stricken with a kidney ailment and hospitalized at Montefiore Hospital in Pittsburgh. It is alleged that between October 24 and December 9, 1971, while she was hospitalized, Mrs. McCarthy was treated with two prescription drugs, Kantrex and...

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