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McSORLEY v. PHILIP MORRIS, INC.

170 A.D.2d 440 (1991)

Charles McSorley, Sr., Individually and as Guardian ad Litem for Charles McSorley, Jr., an Infant, et al., Appellants, v. Philip Morris, Inc., Respondent, et al., Defendant

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

February 4, 1991

Ordered that the order is affirmed insofar as appealed from, with costs.

The infant plaintiff, Charles McSorley, Jr., was born on December 8, 1978, with serious birth defects including blindness, deafness, and mental retardation. The infant's mother and father subsequently commenced this action on his behalf against Philip Morris, Inc., the manufacturer of Marlboro cigarettes, alleging that the infant's birth defects were the result of the mother's use of Marlboro...

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