SMALL v. LORILLARD TOBACCO CO


175 Misc.2d 294 (1997)

668 N.Y.S.2d 307

Phyllis Small et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Lorillard Tobacco Company, Inc., et al., Defendants. Mary A. Hoskins, as Executrix of Edwin P. Hoskins, Deceased, et al., Plaintiffs, v. R.J. Reynolds Tobacco Company et al., Defendants. Sharlene Hoberman et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Brown & Williamson Tobacco Corporation et al., Defendants. Rose Frosina et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Philip Morris, Inc., et al., Defendants. Catherine Zito et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. American Tobacco Company, Inc., et al., Defendants.

Supreme Court, New York County.

October 28, 1997


Attorney(s) appearing for the Case

Goodkind, Labaton, Rudoff & Sucharow (Martis Ann Brachtl, Louis Gottlieb and Brian Stuart Campf of counsel), for plaintiffs. Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel (Alan Mansfield of counsel), and Shook, Hardy & Bacon, L. L. P. (Gary R. Long of counsel), for Lorillard Tobacco Company, Inc., and another, defendants. Debevoise & Plimpton (Harry Zirin of counsel), for Council for Tobacco Research-USA, Inc., defendant. Seward & Kissel (Anthony R. Mansfield of counsel), for Tobacco Institute, Inc., defendant. Jones, Day, Reavis & Pogue (Mark Belasic and Harold K. Gordon of counsel), for R.J. Reynolds Tobacco Company and another, defendants. King & Spalding (Stefan W. Engelhardt of counsel), and Chadbourne & Parke, L. L. P. (Daniel J. O'Neil and Gretchen N. Werwaiss of counsel), for Brown & Williamson Tobacco Corporation and others, defendants. Simpson, Thacher & Bartlett (John J. Kenney of counsel), for B.A.T. Industries, P.L.C., defendant. Dechert, Price & Rhoads (Robert A. Cohen of counsel), for Philip Morris, Inc., and another, defendants.


CHARLES EDWARD RAMOS, J.

The motions pending before this court are hereby consolidated for purposes of disposition.1

In these consumer protection/fraud actions brought by cigarette smokers against the manufacturers of cigarettes, plaintiffs seek to certify two proposed classes: a damages class comprised of "all residents of the State of New York * * * who, on or after June...

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