Sosna v. American Home Products
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered October 17, 2001, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Contrary to plaintiffs argument, in this state, it remains plaintiffs burden to prove that defendant’s failure to warn was a proximate cause of his injury (see e.g. Glucksman v Halsey Drug Co., 160 AD2d 305, 307) and this burden includes adducing proof that the user of a product would have read and heeded a warning had one been given (see e.g. Guadalupe v Drackett Prods. Co., 253 AD2d 378;…
2Cases cited8 opinions
- Phillips v. Bronx Lebanon HospitalAppellate Division of the Supreme Court of the State of New York · 2000
- Johnson v. Johnson Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Anderson v. Hedstrom Corp.District Court, S.D. New York · 1999
- Glucksman v. Halsey Drug Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Guadalupe v. Drackett Products Co.Appellate Division of the Supreme Court of the State of New York · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton CompanyNew York Court of Appeals · 2016
- Mulhall v. HannafinAppellate Division of the Supreme Court of the State of New York · 2007
- Alston v. CARACO PHARMACEUTICAL, INC.District Court, S.D. New York · 2009
- Fredette v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2012
- Derienzo v. Trek Bicycle Corp.District Court, S.D. New York · 2005
18 more not listed; retrieve them via the Exa API.