IN RE: NEW YORK COUNTY DES ACTIONS. (1997)

Order, Supreme Court, New York County (Ira Gammerman, J.), entered November 21, 1995, which, upon granting plaintiff's motion for reargument, adhered to a prior order, same court and Justice, entered July 27, 1995, to the extent that it granted defendants-respondents' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff's cause of action for injuries allegedly suffered as a result of his exposure to diethylstilbestrol (DES) accrued in Georgia, where his mother had purchased and ingested the drug, and not where the injury first became manifest (Godfrey v. Eli Lilly & Co., 223 A.D.2d 427, 636 N.Y.S.2d 338, lv denied 88 N.Y.2d 801, 644 N.Y.S.2d 688, 667 N.E.2d 338).   Because Georgia does not recognize non-identification theories of liability in cases such as this (see, Blackston v. Shook & Fletcher Insulation Co., 764 F.2d 1480, 1483), the complaint must be dismissed (Godfrey v. Eli Lilly & Co., supra ).

We have considered plaintiff's other contentions and find them to be without merit.

MEMORANDUM DECISION.