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Sherman v. Claire Manufacturing Company

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 487 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Orange County (Bellantoni, J.),


Ordered that the order is affirmed, with costs.

The Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. § 136 et seq.) expressly preempted State common-law causes of action which seek to recover damages for injuries allegedly arising as a result of inadequate warning labels on a product ( see, Warner v. American Flouride Corp., 204 A.D.2d 1, 3, 13). Therefore, dismissal of the plaintiffs' complaint was appropriate. Contrary to the plaintiffs' contention, the opinion in Warner v. American Flouride Corp. (supra) is not inconsistent with the opinion of the United States Supreme Court in Medtronic, Inc. v. Lohr (518 U.S. ___, 116 S Ct 2240).

Furthermore, while leave to amend a pleading "shall be freely given upon such terms as may be just" (CPLR 3025[b]), the decision to grant or deny leave to amend a pleading is within the court's discretion ( see, Mayers v. D'Agostino, 58 N.Y.2d 696), and the exercise of such discretion will not be lightly disturbed ( see, Beuschel v. Malm, 114 A.D.2d 569). On this record, it was not an improvident exercise of discretion for the court to deny leave to amend the complaint.

The plaintiffs' remaining contention is without merit.

O'Brien, J.P., Goldstein, McGinity and Luciano, JJ., concur.


Summaries of

Sherman v. Claire Manufacturing Company

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 487 (N.Y. App. Div. 1997)
Case details for

Sherman v. Claire Manufacturing Company

Case Details

Full title:MARY L. SHERMAN et al., Appellants, v. CLAIRE MANUFACTURING COMPANY…

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

Date published: May 5, 1997

Citations

239 A.D.2d 487 (N.Y. App. Div. 1997)
657 N.Y.S.2d 453

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