MIELE v. AMERICAN TOBACCO COMPANY


2 A.D.3d 799 (2003)

770 N.Y.S.2d 386

DANIEL MIELE, Appellant, v. AMERICAN TOBACCO COMPANY et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 2003.


McGinity, J., concurs in part and dissents in part and votes to reverse the order insofar as it dismissed the cause of action to recover damages based on concerted action to the extent that cause of action is predicated on allegations of negligence, on the law, and to otherwise affirm the order, with the following memorandum:

Since I conclude that the plaintiff's causes of action to recover damages for pre-1969 failure to warn, fraudulent concealment, and post-1969...

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