Sorger v. Dow Chem. Corp., 227 A.D.2d 310 (N.Y. App. Div. 1996). · Go Syfert
Sorger v. Dow Chem. Corp., 227 A.D.2d 310 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
22 citation events (4 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Greer
N.Y. App. Div. · 2020 · confidence medium
In our view, "[f]ar from being coercive, defense counsel's advice . . . that the case could not be won, and" his realistic explanation of the benefits of accepting the plea offer under the circumstances, merely "fulfilled defense counsel's duty to warn his client of the risks of going to trial" ( People v Spinks , 227 AD2d 310, 310 [1st Dept 1996], lv denied 88 NY2d 995 [1996]).
cited Cited "see, e.g." Dow Chemical Co. v. Mahlum
Nev. · 1998 · signal: see also · confidence low
Ashwood , 113 Nev, at 85, 930 P.2d at 743; see also In re New York State Silicone Breast Implant Litig., 227 A.D.2d 310 , 642 N.Y.S.2d 681 (App.Div.1996) (" In re N.Y.
discussed Cited "see, e.g." People v. Jones
N.Y. App. Div. · 1996 · signal: see also · confidence low
Contrary to the defendant’s contentions, his plea of guilty was not coerced by the honest and frank assessment of his Legal Aid attorney and the attorney’s supervisor that in light of the denial of his motions, inter alia, to suppress evidence, the defendant would likely not prevail at trial and would be subject to a lengthy jail sentence (see, People v Samuel, 208 AD2d 776 ; see also, People v Spinks, 227 AD2d 310 ; People v Cornelio, 227 AD2d 248 ; People v Coco, 220 AD2d 312 ).
Retrieving the full opinion text from the archive…
In the Matter of New York State Silicone Breast Implant Litigation Caroline E. Sorger
v.
Dow Chemical Corporation
Appellate Division of the Supreme Court of the State of New York.
May 28, 1996.
227 A.D.2d 310
Published

Order, Supreme Court, New York County (Joan Lobis, J.), entered October 26, 1994, which, to the extent appealed from, amended orders of said court and Justice entered May 11 and 19, 1994, granted defendant Dow Chemical’s motion for summary judgment dismissing all claims pleaded against it and had such determination apply to all silicone breast implant actions venued in New York State, and order,[*311] same court and Justice, entered September 27, 1995, which denied plaintiffs’ motion to vacate such dismissal (166 Mise 2d 299), unanimously affirmed, without costs.

The IAS Court properly determined in its initial orders that there was no basis for liability in light of In re Silicone Gel Breast Implants Prods. Liab. Litig. (837 F Supp 1128). Although the Federal court thereafter partially vacated its prior determination and found that the defendant-respondent arguably owed a duty to the general, indeterminate class of medical patients obtaining silicone implants based on a theory of negligent undertaking (887 F Supp 1455), the IAS Court properly declined to follow that revised determination. A party who gives advice to a manufacturer of consumer goods does not owe a duty to then-unknown individual purchasers of the manufacturer’s goods (see, Howard v Poseidon Pools, 133 Misc 2d 50, 53, affd in relevant part 134 AD2d 926, affd on other grounds 72 NY2d 972). Concur — Murphy, P. J., Sullivan, Wallach, Nardelli and Tom, JJ.