Full title: In the Matter of NEW YORK COUNTY DES LITIGATION. SUSAN WETHERILL…
Court: Court of Appeals of the State of New York
Date published: Feb 11, 1997
Facts
APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered March 14, 1996, which (1) reversed, on the law, an order of the Supreme Court (Ira Gammerman, J.), entered in New York County, granting motions by defendants Eli Lilly Company, Kremers-Urban Co., Premo Pharmaceutical Laboratories, Inc., Chromalloy American Corporation and Rhone-Povlenc Rorer Pharmaceuticals, Inc. for summary judgment, and dismissing the complaint as time-barred, and (2) denied the motions.
Issue
Decision
WESLEY, Judges LEVINE, and WESLEY concur with Judge TITONE in a case involving CPLR 214-c, a remedial measure. The majority argues that courts should determine plaintiffs’ knowledge of specialized medical concepts, removing the fact-intensive issue of when laypeople should know these concepts. This interpretation does not align with the statute’s remedial purposes, as injured parties would otherwise be foreclosed from bringing claims.
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