Besser v. E. R. Squibb & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
This appeal from the dismissal of a complaint on the ground *110that the action, commenced pursuant to the "revival statute”, was barred by the "borrowing statute” involves the interplay between the latter (CPLR 202)1 and the 1986 statute which revived causes of action arising out of exposure to diethylstilbestrol (DES) and other toxic substances, even if such causes had been previously dismissed as time barred.2 Since her action is time barred if the borrowing statute controls, plaintiff argues that, inasmuch as the revival statute begins with the words…
2Cases cited24 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Martin v. Julius Dierck Equipment Co.New York Court of Appeals · 1978
- Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
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3Cited by33 opinions
- In Re Zyprexa Products Liability LitigationDistrict Court, E.D. New York · 2007
- Braune v. Abbott LaboratoriesDistrict Court, E.D. New York · 1995
- Chase Manhattan Bank, N.A. v. T & N PLCDistrict Court, S.D. New York · 1995
- Local Government Assistance Corp. v. Sales Tax Asset Receivable Corp.New York Court of Appeals · 2004
- Besser v. E. R. Squibb & Sons, Inc.New York Court of Appeals · 1990
28 more not listed; retrieve them via the Exa API.