Schaeffer v. Upjohn Company

Full title: ILEEN SCHAEFFER, Appellant, v. UPJOHN COMPANY et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 21, 1993

197 A.D.2d 446 (N.Y. App. Div. 1993)

604 N.Y.S.2d 706

Opinion

October 21, 1993

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).

Because plaintiff utterly failed to controvert her mother's sworn and unequivocal testimony that she ingested DES manufactured by a company other than defendant, summary judgment was proper (Hymowitz v. Eli Lilly Co., 73 N.Y.2d 487, 504-505).

Concur — Murphy, P.J., Carro, Ross and Asch, JJ.