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SOWELL v. BAUSCH & LOMB

230 A.D.2d 77 (1997)

656 N.Y.S.2d 16

Cynthia Sowell, Respondent, v. Bausch & Lomb, Inc., Appellant, and Cohen Fashion Optical, Inc., Respondent, et al., Defendants

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

April 10, 1997

Attorney(s) appearing for the Case

Stephen C. Glasser of counsel (Thomas M. Gannon on the brief; Sullivan & Liapakis, P. C., attorneys), for Cynthia Sowell, respondent.

Harry P. Sacks of counsel (Steven J. Brill on the brief; Sacks Montgomery, P. C., attorneys), for appellant.

Cynthia L. Marks of counsel (Dale A. Hunte on the brief; Brody & Fabiani, attorneys), for Cohen Fashion Optical, Inc., respondent.

SULLIVAN, J. P., MILONAS, NARDELLI and WILLIAMS, JJ., concur.

ELLERIN, J.

The issue before us on this appeal is whether plaintiff's State law tort claims are preempted by Federal law.

The plaintiff, Cynthia Sowell, alleges that she sustained serious physical injury to her eyes due to the use of extended wear contact lenses which were manufactured by defendant-appellant Bausch & Lomb and were prescribed and sold to her by defendant Cohen Fashion Optical. Plaintiff...

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