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MARTIN v. HACKER

83 N.Y.2d 1 (1993)

628 N.E.2d 1308

607 N.Y.S.2d 598

Cynthia J. Martin, Individually and as Executrix of The Estate of Eugene J. Martin, Deceased, Appellant, v. Arthur Hacker et al., Defendants, and Chelsea Laboratories, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 23, 1993.

Attorney(s) appearing for the Case

DeLorenzo, Gordon, Pasquariello, Weiskopf & Harding, P. C., Schenectady (Nicholas E. Tishler of counsel), for appellant.

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, Albany (Margaret Comard Lynch of counsel), for Rugby Laboratories, Inc., respondent.

Sullivan, Rehfuss, Cunningham & Brennan, Albany (Mary J. Mraz and Stephen J. Rehfuss of counsel), for Chelsea Laboratories, Inc., respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

HANCOCK, JR., J.

Plaintiff's decedent, Eugene Martin, became severely depressed after ingesting reserpine and hydrochlorothiazide (HCT), manufactured by defendant Chelsea Laboratories (Chelsea) and prescribed by defendant Dr. Hacker to treat his hypertension. The depression allegedly led to Martin's suicide. The issue here is whether the warning regarding the adverse reaction...

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