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MASSIE v. CRAWFORD

78 N.Y.2d 516 (1991)

Sallie Massie, Respondent, v. David B. Crawford, Jr., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 25, 1991.

Attorney(s) appearing for the Case

Francis B. Mann, Jr., for appellant.

Thomas P. Valet and Paul D. Rheingold for respondent.

Judges ALEXANDER, TITONE and BELLACOSA concur with Judge SIMONS; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Chief Judge WACHTLER and Judge KAYE concur.

SIMONS, J.

Plaintiff instituted this action in 1985 seeking to recover damages for personal injuries, sustained in January 1984, which allegedly were caused by the presence of an intrauterine birth control device (IUD). The action is against Ortho Pharmaceutical Corporation, the manufacturer of the IUD, and defendant Crawford, the gynecologist who inserted it in 1969. Defendant gynecologist moved for partial...

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