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DIMICH v. MED-PRO, INC.

34 A.D.3d 329 (2006)

826 N.Y.S.2d 3

IVAN DIMICH, Appellant, v. MED-PRO, INC., Defendant, and ALBERS MEDICAL DISTRIBUTORS, INC., et al., Respondents.

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

Decided November 16, 2006.

In this putative class action alleging a scheme to sell counterfeit Lipitor, a prescription cholesterol-reducing drug, plaintiff Dimich failed to satisfy the typicality requirement of CPLR 901 (a) (3) where, among other things, the prescription was issued to his wife and paid for, other than a $15 copayment, by her insurance plan, and the recall letter was addressed to her, all of which...

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