Legal Opinion
Trevithick v. Abbott Laboratories
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 1979PublishedCited by 5 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered September 25, 1978 in Schenectady County, which denied plaintiffs’ motion for leave to serve an amended complaint. Plaintiff contends he sustained injury from improper diagnosis and treatment with an unfit drug manufactured by Abbott Laboratories (Abbott) while he was a patient at Ellis Hospital on or about February 6, 1971. A summons was served on January 24, 1974 and the complaint followed on May 25, 1975. It alleged a cause of action in negligence against the hospital and asserted a breach of express and implied warranties…
2Cases cited6 opinions
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
- Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
- Jerry v. Borden Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Osborn v. KelleyAppellate Division of the Supreme Court of the State of New York · 1978
- De Forte v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by5 opinions
- Saveca v. ReillyAppellate Division of the Supreme Court of the State of New York · 1985
- M. Kramer & Sons, Inc. v. Facilities Development Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Polak v. SchwenkAppellate Division of the Supreme Court of the State of New York · 1985
- Di Prospero v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Giordano v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1981