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COOLEY v. CARTER-WALLACE

102 A.D.2d 642 (1984)

Stanley Cooley et al., Appellants, v. Carter-Wallace Incorporated, Respondent, et al., Defendants

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

July 13, 1984

Attorney(s) appearing for the Case

Schepp & D'Addario (Francis R. D'Addario of counsel), for appellants.

Mackenzie, Smith, Lewis, Michell & Hughes (Catherine A. Gale of counsel), for respondent.

HANCOCK, JR., J. P., DOERR and DENMAN, JJ., concur with GREEN, J.; MOULE, J., dissents and votes to affirm in an opinion.

GREEN, J.

The adequacy of the warning in a products liability case based on a failure to warn is, in all but the most unusual circumstances, a question of fact to be determined at trial. Special Term erred in this case finding the warning on the label of the product "Nair" adequate as a matter of law.

Plaintiff Stanley Cooley consulted a physician, defendant John N. Burgess, M.D. (not a party to this...

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