Osborn v. Kelley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*369OPINION OF THE COURT
Sweeney, J. P.
In this action against three physicians, a hospital and a drug manufacturer, eight causes of action were alleged. The individual defendants moved to dismiss all eight causes of action. Special Term granted the motion as to the "Fifth”, "Seventh” and "Eighth” causes of action and plaintiffs appeal.
The "Fifth” cause of action is based on breach of warranty and is premised on the alleged sale by the three physicians of an unsafe drug to plaintiffs’ decedent. We are of the view that notwithstanding the use of the term "sold”, the complaint, in essence, alleges…
2Cases cited8 opinions
- Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.New York Court of Appeals · 1974
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3Cited by25 opinions
- Liff v. SchildkroutNew York Court of Appeals · 1980
- Maidman v. StaggAppellate Division of the Supreme Court of the State of New York · 1981
- Hilda Hegger, of the Estate of Fred P. Hegger, Plaintiff-Appellee v. George E. Green, and St. Luke's Hospital Center, Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1981
- Sala v. TomlinsonAppellate Division of the Supreme Court of the State of New York · 1979
- Young v. Robertshaw Controls Co.Appellate Division of the Supreme Court of the State of New York · 1984
20 more not listed; retrieve them via the Exa API.