POPHAM v. REYNER


121 A.D.2d 617 (1986)

Gloria J. Popham, Appellant, v. Franklin C. Reyner, Defendant, and Upjohn Company, Respondent

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

June 23, 1986


Judgment reversed, on the law, order vacated, and motion denied.

The plaintiff is awarded one bill of costs.

Upon review of the motion papers submitted by both parties, we find that there are triable issues concerning the adequacy of the warning issued by the respondent for its drug Depoprovera, including whether it was proper not to report that there were incidents of cancer in humans associated with the use of that drug, and whether the respondent undercut...

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