Clark v. Abbott Laboratories
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*37OPINION OF THE COURT
Balio, J.
The issue on this appeal is whether the one-year time period for commencement of actions under the toxic tort revival statute (L 1986, ch 682, § 4) is a Statute of Limitations or a condition precedent. We hold that the time period is a Statute of Limitations and that the period may be extended by compliance with CPLR 203 (b) (5).
Plaintiff Kathleen Clark was born in 1958. She allegedly sustained serious personal injuries by reason of her in útero exposure to diethylstilbestrol (DES). This action was commenced against 11 manufacturers of DES by delivering copies of…
2Cases cited21 opinions
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Robinson v. . Robins Dry Dock Repair Co.New York Court of Appeals · 1924
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
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- Penina Fishman, an Infant by Her Mother and Natural Guardian, Michelle Fishman Michelle Fishman, Individually v. Delta Air Lines, Inc.Court of Appeals for the Second Circuit · 1998
- Concordia College Corp. v. W.R. Grace & Co.Court of Appeals for the Eighth Circuit · 1993
- Niagara Mohawk Power Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- Shapiro v. Syracuse Univ.Appellate Division of the Supreme Court of the State of New York · 2022
- In Re HessUnited States Bankruptcy Court, S.D. New York · 2009
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