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MATTER OF NY COUNTY DES LITIG.

220 A.D.2d 34 (1996)

642 N.Y.S.2d 677

In the Matter of New York County DES Litigation Jan E. Mevis, Appellant, v. Eli Lilly & Co. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1996

Attorney(s) appearing for the Case

Ronald R. Benjamin for appellant.

Linda Trummer-Napolitano of counsel (Henry R. Simon, attorney), for West-ward, Inc., respondent.

Eric D. Statman of counsel (Anderson Kill Olick & Oshinsky, P. C., attorneys), for Emons Industries, Inc., respondent.

MILONAS, ROSENBERGER and MAZZARELLI, JJ., concur with SULLIVAN, J. P.; KUPFERMAN, J., dissents in a separate opinion.

SULLIVAN, J. P.

This is a products liability action against numerous pharmaceutical manufacturers for personal injuries plaintiff allegedly sustained as a result of in utero exposure to diethylstilbestrol (DES). The parties agreed before the IAS Court that plaintiff's cause of action accrued in Indiana and that, under the borrowing statute, the Indiana Statute of Limitations applies to this case since, facially...

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