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SOSNA v. AMERICAN HOME PRODUCTS

298 A.D.2d 158 (2002)

748 N.Y.S.2d 548

MICHAEL SOSNA, Appellant, v. AMERICAN HOME PRODUCTS et al., Respondents, et al., Defendant.

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

Decided October 8, 2002.

Contrary to plaintiff's argument, in this state, it remains plaintiff's burden to prove that defendant's failure to warn was a proximate cause of his injury (see e.g. Glucksman v Halsey Drug Co., 160 A.D.2d 305, 307) and this burden includes adducing proof that the user of a product would have read and heeded a warning had one been given (see e.g. Guadalupe v Drackett Prods. Co., 253 A.D.2d 378...

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