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MATTER OF NEW YORK COUNTY DES LITIGATION

281 A.D.2d 173 (2001)

721 N.Y.S.2d 518

In the Matter of NEW YORK COUNTY DES LITIGATION. JACQUELINE BILLOS, Appellant, v. ABBOTT LABORATORIES, INC., et al., Defendants, and WEST-WARD, INC., et al., Respondents. SUSAN CHIAPPONE, Appellant, v. ABBOTT LABORATORIES, INC., et al., Defendants, and WEST-WARD, INC., et al., Respondents. MELINDA RACHLIN, Appellant, v. ABBOTT LABORATORIES, INC., et al., Defendants, and WEST-WARD, INC., et al., Respondents. LAUREN SHAPIRO-MILANA, Appellant, v. ABBOTT LABORATORIES, INC., et al., Defendants, and WEST-WARD, INC., et al., Respondents. (And Another Action.)

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

Decided March 6, 2001.

The actions were properly dismissed on the grounds that under admittedly applicable New Jersey law, each plaintiff must identify the particular manufacturer of the DES product that injured her, and that all of the plaintiffs concede that they cannot. Plaintiffs' argument that New Jersey courts would apply an alternative liability theory of liability to these cases (citing Estate of Chin v St. Barnabas Med. Ctr., 160 N.J. 454,

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