BAUSCH & LOMB CONTACT LENS SOLUTION PROD. LIAB. LITIG.

14172, 766000/07.

125 A.D.3d 461 (2015)

999 N.Y.S.2d 743

BAUSCH & LOMB CONTACT LENS SOLUTION PRODUCT LIABILITY LITIGATION.

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

Decided February 10, 2015.


Even if the motion were timely, plaintiffs failed to show that the alleged new facts would change the court's prior determination to exclude the general causation opinions of plaintiffs' experts regarding non-Fusarium corneal infections (see CPLR 2221 [e] [2]). In particular, plaintiffs failed to show that the experts' causation theory was generally accepted by the relevant medical or scientific community (see Cornell v 360 W. 51st St. Realty, LLC,

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