Legal Opinion

Cooley v. Carter-Wallace Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1984PublishedCited by 51 opinions

1Opinion of the Court

OPINION OF THE COURT

Green, J.

The adequacy of the warning in a products liability case based on a failure to warn is, in all but the most unusual circumstances, a question of fact to be determined at trial. Special Term erred in this case finding the warning on the label of the product “Nair” adequate as a matter of law.

*643Plaintiff Stanley Cooley consulted a physician, defendant John N. Burgess, M.D. (not a party to this appeal), regarding a vasectomy. Dr. Burgess suggested that plaintiff use a depilatory cream such as “Nair” or “Neet” to shave his scrotum in preparation for surgery. Plaintiff…

2Cases cited19 opinions

  1. Wyeth Laboratories v. ReyesSupreme Court of the United States · 1974
  2. Cover v. CohenNew York Court of Appeals · 1984
  3. Ugarriza v. SchmiederNew York Court of Appeals · 1979
  4. Wolfgruber v. Upjohn Co.Appellate Division of the Supreme Court of the State of New York · 1979
  5. Lancaster Silo & Block Co. v. Northern Propane Gas Co.Appellate Division of the Supreme Court of the State of New York · 1980

14 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Martin v. HackerNew York Court of Appeals · 1993
  2. Port Authority of New York and New Jersey v. Arcadian Corp Dyno Nobel Inc, F/k/a, Ireco Incorporated Hydro Agri North America, IncCourt of Appeals for the Third Circuit · 1999
  3. Sherman v. A.J. Pegno Construction Corp.District Court, S.D. New York · 2007
  4. Anderson v. Hedstrom Corp.District Court, S.D. New York · 1999
  5. Pelman v. McDonald's Corp.District Court, S.D. New York · 2003

46 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API