Legal Opinion

Tenuto v. Lederle Laboratories

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

Decided October 10, 2000Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant Lederle Laboratories appeals from so much of an order of the Supreme Court, Richmond County (Mastro, J.), entered June 30, 1999, as *551denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

In determining whether judgment as a matter of law is appropriate on a claim to recover damages for a breach of the duty to adequately warn against a prescription drug’s side effects, the court must examine the prescription drug…

2Cases cited4 opinions

  1. Martin v. HackerNew York Court of Appeals · 1993
  2. Forte v. WeinerAppellate Division of the Supreme Court of the State of New York · 1994
  3. Kaplow v. KatzAppellate Division of the Supreme Court of the State of New York · 1986
  4. McDonnell v. Chelsea Manufacturers, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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