Legal Opinion

Bausch & Lomb Contact Lens Solution Product Liability Litigation

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

Decided February 10, 2015No. 14172 766000/07Published

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered May 31, 2013, which, among other things, denied plaintiffs’ motion to renew defendant’s pretrial motion to exclude certain expert opinions, unanimously affirmed, without costs.

Even if the motion were timely, plaintiffs failed to show that the alleged new facts would change the court’s prior determination to exclude the general causation opinions of plaintiffs’ experts regarding non-Fusarium corneal infections (see CPLR 2221 [e] [2]). In particular, plaintiffs failed to show that the experts’ causation theory was…

2Cases cited2 opinions

  1. Cornell v. 360 West 51st Street Realty, LLCNew York Court of Appeals · 2014
  2. in the New York Coordinated Proceeding v. Bausch & LombAppellate Division of the Supreme Court of the State of New York · 2011

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