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KARP v. LIGGETT & MYERS TOBACCO CO.

40 A.D.2d 634 (1972)

Edith R. Karp, as Executrix of Leo Karp, Deceased, Respondent, v. Liggett & Myers Tobacco Company, Appellant

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

October 2, 1972

Order of said court entered on January 19, 1972, unanimously modified, on the law, to grant summary judgment dismissing the first cause of action of the amended complaint, and otherwise affirmed, without costs and without disbursements. Considering the two decisions in inverse order, the first cause based upon negligence is time-barred because of the passage of more than three years from injury (onset of cancer) to commencement of...

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