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MATTER OF NEW YORK COUNTY DES LITIG. v. ELI LILLY & CO.

226 A.D.2d 299 (1996)

642 N.Y.S.2d 860

In the Matter of New York County DES Litigation. Kimberly F. Neuenschwander, Appellant, v. Eli Lilly & Co. et al., Respondents

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

April 30, 1996

We agree with the IAS Court that an Alabama court would hold that plaintiff's cause of action accrued on the date of her last exposure to DES while in utero (see, Garrett v Raytheon Co., 368 So.2d 516 [Ala]), and that while the two-year Alabama Statute of Limitations (Ala Code § 6-2-38 [l]), which concededly applies (CPLR 202; Besser v Squibb & Sons, 146 A.D.2d 107...

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