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HOFFMAN-RATTET v. ORTHO

135 Misc.2d 750 (1987)

Elaine Hoffman-Rattet et al., Plaintiffs, v. Ortho Pharmaceutical Corp. et al., Defendants.

Supreme Court, New York County.

May 20, 1987

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler (John D. Winter of counsel), for Ortho Pharmaceutical Corp., defendant. Rosenberg, Minc, Bryer & Armstrong (Daniel C. Minc of counsel), for plaintiffs.

STANLEY L. SKLAR, J.

This application for renewal/reargument of defendant Ortho Pharmaceutical Corporation's summary judgment motion raises issues previously unresolved in New York concerning the availability of summary judgment to a pharmaceutical manufacturer based upon an affidavit from an "informed intermediary", namely, the physician who prescribed the manufacturer's product.

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