MATTER OF NEW YORK COUNTY DES ACTIONS


238 A.D.2d 172 (1997)

655 N.Y.S.2d 520

In the Matter of New York County Des Actions. Patricia Kush, Appellant, v. Abbott Laboratories et al., Respondents

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

April 8, 1997


Plaintiff, who alleges that her mother ingested DES in Pennsylvania, where she was born in 1959 and resided until she moved to Massachusetts in 1984, is unable to identify the manufacturer of the DES her mother ingested, and urges application of the "market share" theory of liability. However, such is contrary to our recent precedent holding that where foreign residents' exposures to DES occurred in foreign States, and New York...

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