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DOYLE v. AMERICAN HOME PRODUCTS CORP.

Docket No. 08-2149-cv.

583 F.3d 167 (2009)

Robert DOYLE, Plaintiff-Appellant, v. AMERICAN HOME PRODUCTS CORPORATION and American Cyanamid Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 29, 2009.

Attorney(s) appearing for the Case

Todd C. Bank, Kew Gardens, NY, for Appellant.

Lauren J. Elliot, (Daniel J. Thomasch, on the brief), Orrick, Herrington & Sutcliffe LLP, New York, NY, for Appellees.

Before: JACOBS, Chief Judge, SACK, Circuit Judge, and GOLDBERG, Judge.

DENNIS JACOBS, Chief Judge:

Robert Doyle's 1996 suit against a pharmaceutical manufacturer alleging injury for a drug he took in 1989 and 1993, was dismissed in 2006 by the New York state court after Doyle and his attorney failed to appear at a scheduling conference. When Doyle later commenced this diversity suit on the same claim, Doyle resisted the drug company's limitations defense on the ground that the New York Civil Practice Law and Rules ("CPLR") section 205...

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