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SHAPIRO v. ANSELL PERRY, INC.

291 A.D.2d 301 (2002)

737 N.Y.S.2d 843

DONNA SHAPIRO et al., Appellants, v. ANSELL PERRY, INC., et al., Defendants, and SMITH & NEPHEW, INC., et al., Respondents.

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

Decided February 21, 2002.

Since 1993, plaintiff has been aware that she suffers from a Type IV latex allergic condition, which is manifested by dermatological symptoms. Thereafter, in January 1995, plaintiff began to suffer from a Type I latex allergic condition, which is manifested by respiratory symptoms. This action was commenced in October 1997. The uncontroverted affidavit of plaintiff's medical expert raises an issue of fact as to whether the Type I condition and the Type IV condition are sufficiently...

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