PAUL v. BOSCHENSTEIN


105 A.D.2d 248 (1984)

Patricia L. Paul, Appellant, et al., Plaintiff, v. Frank Boschenstein et al., Respondents

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

December 31, 1984


Attorney(s) appearing for the Case

Hurley, Fox, Selig & Robustelli (Ralph S. Joseph, Harry A. Fox and Anthony Occhipini of counsel), for appellant.

McHenry & Gerver (Elizabeth A. Horan and Robert J. McHenry of counsel), for The Presbyterian Hospital in The City of New York, respondent.

Garbarini, Scher & DeCicco, P. C. (George J. Kehayas of counsel), for Frank Boschenstein, respondent.

Simpson Thacher & Bartlett (Charles E. Koob and George M. Newcombe of counsel), for Winthrop Laboratories, respondent.

LAZER, J. P., RUBIN and BOYERS, JJ., concur; O'CONNOR, J., concurs in the result, with an opinion.


Per Curiam.

This action revolves around the use of the drug Talwin and its effect upon Patricia Paul (hereafter plaintiff). Although the products liability case against the drug manufacturer went to the jury and resulted in a defendant's verdict (which is supported by the record), the complaint as against the doctor and the hospital was dismissed at the conclusion of plaintiff's case. Plaintiff now argues that a...

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