Legal Opinion
Vaccaro v. Squibb Corp.
New York Court of Appeals
Decided December 22, 1980PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the motions of defendants-appellants to dismiss the first through the ninth causes of action set forth in the complaint in Action No. 2 should be granted (cf. Howard v Lecher, 42 NY2d 109; see Becker v Schwartz, 46 NY2d 401).
We do not read the complaint as setting forth a cause of action by the mother for independent physical injuries. The theory of recovery on which the dissenter would rely was not addressed by either court below or argued by the parties in our…
2Cases cited2 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- Howard v. LecherNew York Court of Appeals · 1977
3Cited by52 opinions
- Bovsun v. SanperiNew York Court of Appeals · 1984
- Kennedy v. McKesson Co.New York Court of Appeals · 1983
- Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
- Lynch v. Bay Ridge Obstetrical & Gynecological AssociatesNew York Court of Appeals · 1988
- Martinez v. Long Island Jewish Hillside Medical CenterNew York Court of Appeals · 1987
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