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Wind v. Eli Lilly & Co.

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 1994
210 A.D.2d 220 (N.Y. App. Div. 1994)

Opinion

December 5, 1994

Appeal from the Supreme Court, Queens County (Friedmann, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that a settlement agreement is a contract subject to principles of contract interpretation and that where the intention of the parties is clearly and unambiguously set forth, effect must be given to the intent as indicated by the language used. Moreover, it is equally well settled that an ambiguity should not be found where none in fact exists (see, Bono v Bono, 157 A.D.2d 763, 764).

In this case, the parties' stipulation of settlement was clear, concise, and unambiguous. The settlement was to include all the New York State DES cases that the plaintiff's counsel's law firm handled, and made no mention of any "third generation claims". Prior to the settlement, the subject "third generation claims" had been dismissed in New York by the Court of Appeals in Enright v Eli Lilly Co. ( 77 N.Y.2d 377, cert denied 501 U.S. 868). Accordingly, these "third generation claims" were properly excluded from the settlement by the court. Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

Wind v. Eli Lilly & Co.

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 1994
210 A.D.2d 220 (N.Y. App. Div. 1994)
Case details for

Wind v. Eli Lilly & Co.

Case Details

Full title:JANICE WIND, Respondent, v. ELI LILLY COMPANY, Appellant, et al.…

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

Date published: Dec 5, 1994

Citations

210 A.D.2d 220 (N.Y. App. Div. 1994)
619 N.Y.S.2d 963

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