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TENUTO v. LEDERLE LABS.

1134/81.

27 Misc.3d 506 (2010)

896 N.Y.S.2d 618

DOMINICK TENUTO, II, Plaintiff, v. LEDERLE LABORATORIES, a Division of AMERICAN CYANAMID COMPANY, et al., Defendants.

Supreme Court, Richmond County.

Decided February 18, 2010.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP ( Rosary A. Morelli of counsel), for Estate of Leroy L. Schwartz, M.D., defendant.

Orrick, Herrington & Sutcliffe, LLP ( Stephen Foresta and J. Peter Coll, Jr. of counsel), and Steptoe & Johnson, LLP ( Roger W. Yoerges of counsel), for Lederle Laboratories, defendant.

Morelli & Ratner ( Benedict Morelli of counsel), Edelman & Edelman, P.C. ( Martin Edelman of counsel), and Louis Mauriello , for plaintiff.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

This court decided before the trial of this matter that the deceased divorced wife of the plaintiff, who discontinued her derivative consortium claims in this products liability and medical malpractice action, was not an "interested" person in the outcome of the case in accordance with the "Dead Man's Statute" of Civil Practice Law and Rules § 4519. Consequently, the plaintiff was permitted to use her deposition...

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