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DEVORE v. PFIZER INC.

58 A.D.3d 138 (2008)

867 N.Y.S.2d 425

MICHAEL DEVORE et al., Appellants, v. PFIZER INC., Respondent.

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

November 20, 2008.

Attorney(s) appearing for the Case

Law Offices of Mark Jay Krum, New York City (Mark Jay Krum of counsel), for appellants.

Skadden, Arps, Slate, Meagher & Flom LLP, New York City (Mark S. Cheffo, Barbara Wrubel and Mara Cusker Gonzalez of counsel), for respondent.

Before: SWEENY, McGUIRE, RENWICK and FREEDMAN, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

This consolidated appeal presents a choice of law question relating to three actions brought by Michigan residents, all alleging that they were physically injured in Michigan as a result of taking Lipitor, a drug manufactured by defendant Pfizer Inc., a pharmaceutical company headquartered in New York. Pfizer contends that Michigan law must be applied, while plaintiffs argue that New York law ought to be applied because the...

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