Order Granting Bayer's Motion to Reargue Summary Judgment Affirmed on Appeal

NEW YORK -- A New York Supreme Court order granting Bayer Corp. leave to reargue its motion for summary judgment was affirmed on appeal June 22, after an intermediate appellate court found that a triable issue was raised as to whether the company breached its duty to warn that Cipro could cause Achilles tendon ruptures. Garfinkel v. Bayer Corp. et al. No. 2004-05384 (N.Y. Sup. Ct., App. Div., First. Dept.).

The First Department of the New York Supreme Court's Appellate Division ruled that evidence showed that Bayer was aware of a potential association between Cipro use and ruptures of the …