Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
November 15, 1991
November 15, 1991
Attorney(s) appearing for the Case
Julien & Schlesinger, P. C. (William D. Fireman and Stuart A. Schlesinger of counsel), for appellants.
Goodwin, Procter & Hoar (Kenneth A. Cohen and Marshall Simonds of counsel), for Eli Lilly and Company, respondent.
Lester, Schwab, Katz & Dwyer (Kenneth A. Cohen, Allan Fudim and George Greene of counsel), for Burroughs Wellcome Co. and others, respondents.
Donovan, Leisure, Newton & Irvine (Kenneth A. Cohen of counsel), for Lederle Laboratories, respondent.
Costello & Shea (Kenneth A. Cohen of counsel), for American Home Products and others, respondents.
Clark, Landner, Fortenbaugh & Young (Kenneth A. Cohen and Mark G. Lionetti of counsel), for Kremers-Urban Company, respondent.
Martin, Clearwater & Bell (Kenneth A. Cohen of counsel), for Carnrick Laboratories, Inc., respondent.
Sedgwick, Detert, Moran & Arnold, and Stroock & Stroock & Lavan (James T. Conlon, David M. Covey and B. Carol Lenti of counsel), for Upjohn Company, respondent.
PINE and DAVIS, JJ., concur with BOOMER, J.; LAWTON, J., dissents and votes to affirm in an opinion in which DOERR, J. P., concurs.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
BOOMER, J.
Plaintiffs commenced separate actions to recover money damages for personal injuries sustained as a result of their mothers' ingestion during pregnancy of the drug diethylstilbestrol (DES). The trial court, to whom these numerous actions were assigned, consolidated the actions and severed the issue of "market share" (see, Hymowitz v Lilly &...
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