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COFNAS v. TOMASES

145 Misc.2d 807 (1989)

Rebecca Cofnas, Plaintiff, v. Arthur Tomases et al., Defendants.

Supreme Court, Kings County.

May 23, 1989

Attorney(s) appearing for the Case

Solin & Breindel, P. C. (David L. Ferstendig and Jean-Pierre Garnier of counsel), for Schering Corporation, defendant. Garbarini & Scher, P. C., for Arthur Tomases, defendant. Fisher & Seidner, P. C. (Larry Rosenfeld of counsel), for plaintiff.

NICHOLAS A. CLEMENTE, J.

In an action to recover for alleged medical malpractice, plaintiff has asserted causes of action against a physician, Arthur Tomases, and a drug manufacturer, Schering Corporation. The drug manufacturer now moves for an order pursuant to CPLR 3212 granting it summary judgment.

The substance of the claim against Schering is that as a drug manufacturer, it failed to give adequate warnings of the hazards associated with use...

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