CRESSER v. AM. TOBACCO CO.


174 Misc.2d 1 (1997)

662 N.Y.S.2d 374

Harry A. Cresser et al., Plaintiffs, v. American Tobacco Company et al., Defendants. (And Nine Other Actions.)

Supreme Court, Kings County.

July 31, 1997


Attorney(s) appearing for the Case

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, New York City (Alan Mansfield of counsel), and Shook, Hardy & Bacon, L. L. P., Kansas City, Missouri (Robert E. Northrip of counsel), for Lorillard Inc. and another, defendants. Winston & Strawn, New York City (Thomas J. Quigley of counsel), for Philip Morris Incorporated and another, defendants. Jones, Day, Reavis & Pogue, New York City (Robert W. Gaffey of counsel), for RJR Nabisco, Inc., and another, defendants. Kasowitz, Benson, Torres & Friedman, L. L. P., New York City (Aaron H. Marks of counsel), for Liggett & Myers Tobacco Company, defendant. Chadbourne & Parke, New York City (Daniel J. O'Neill of counsel), for Brown & Williamson Tobacco Corporation, individually and as successor by merger to American Tobacco Company, and others, defendants. Debevoise & Plimpton, New York City (Harry Zirlin of counsel), for Council for Tobacco Research-U.S.A., Inc., defendant. Seward & Kissel, New York City (Anthony R. Mansfield of counsel), and Covington & Burling, Washington, D.C. (Ethan Posner of counsel), for Tobacco Institute, Inc., defendant. Finz & Finz, P. C., New York City (Jay L. Feigenbaum of counsel), for plaintiffs.


HERBERT KRAMER, J.

In 10 virtually identical complaints, plaintiffs or the representatives of their estates claimed that the major cigarette manufacturers, a number of their corporate parents and two industry-related research associations acted negligently and intentionally in that they: failed to warn of the dangers of cigarette smoking prior to 1969; committed fraud and deceit; made negligent misrepresentations...

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