Wind v. Eli Lilly & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant Eli Lilly & Company appeals from so much of an order of the Supreme Court, Queens County (Friedmann, J.), dated June 7, 1993, as granted the plaintiffs motion to exclude the three "third generation” claims from the settlement reached with the defendant.
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that a settlement agreement is a contract subject to principles of contract interpretation and that where the intention of the parties is clearly and unambiguously set *221forth, effect…
2Cases cited3 opinions
- Freytag v. CommissionerSupreme Court of the United States · 1991
- Enright v. Eli Lilly & Co.New York Court of Appeals · 1991
- Bono v. BonoAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by1 opinion
- In Re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 2010