Doyle v. Am. Home Prods. Corp., No. 08-2149 - U.S. Second Circuit
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Doyle v. Am. Home Prods. Corp., No. 08-2149

In a product liability action against a drug manufacturer, dismissal of the action as untimely is affirmed where a prior dismissal of an identical action in state court for failure to appear at a court conference constituted a dismissal "for neglect to prosecute" such that plaintiff could not avail himself of a six-month tolling provision under New York Civil Practice Law and Rules section 205(a).

Read Doyle v. Am. Home Prods. Corp., No. 08-2149

Appellate Information

Argued: July 15, 2009

Decided: September 29, 2009

Judges

Opinion by Judge Jacobs

Counsel

For Appellant:

Todd C. Bank, Kew Gardens, New York, for Appellant.

For Appellees:

Lauren J. Elliot and Daniel J. Thomasch, Orrick, Herrington & Sutcliffe LLP, New York, New York