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TENUTO v. LEDERLE LABS.

90 N.Y.2d 606 (1997)

687 N.E.2d 1300

665 N.Y.S.2d 17

Dominick Tenuto et al., Appellants, v. Lederle Laboratories, Division of American Cyanamid Company, Defendant, and John H. Bishop, as Executor of Leroy L. Schwartz, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided October 23, 1997.

Attorney(s) appearing for the Case

Edelman & Edelman, P. C., Brooklyn (Martin W. Edelman and Sandra D. Janin of counsel), for appellants.

Heidell, Pittoni, Murphy & Bach, P. C., New York City (Daniel S. Ratner, Charles L. Bach, Jr., and Matthew S. Hirsch of counsel), for respondent.

Donovan Leisure Newton & Irvine, New York City (J. Peter Coll, Jr., of counsel), for defendant.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

Plaintiffs appeal, pursuant to leave granted by this Court, from an order of the Appellate Division which (1) reversed, on the law, an order of Supreme Court denying the motion for summary judgment of defendant (now deceased) Leroy L. Schwartz, M.D., dismissing the cross claim of defendant Lederle Laboratories; (2) granted that motion; and (3) dismissed the cross claim. The appeal from this order,...

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