Appellate Division of the Supreme Court of the State of New York April 10, 1997 (Sowell v. Bausch & Lomb, Inc.)

OPINION OF THE COURT

Ellerin, J.

The issue before us on this appeal is whether plaintiffs State law tort claims are preempted by Federal law.

The plaintiff, Cynthia Sowell, alleges that she sustained serious physical injury to her eyes due to the use of extended wear contact lenses which were manufactured by defendant-appellant Bausch & Lomb and were prescribed and sold to her by defendant Cohen