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GEIGER v. AM. TOBACCO CO.

181 Misc.2d 875 (1999)

696 N.Y.S.2d 345

WILLIAM GEIGER, Individually and as Administrator of the Estate of ANITA GEIGER, Deceased, et al., Plaintiffs, v. AMERICAN TOBACCO COMPANY et al., Defendants.

Supreme Court, Queens County.

June 21, 1999.

Attorney(s) appearing for the Case

Chadbourne & Parke L. L. P., New York City (Daniel J. O'Neill of counsel), for American Tobacco Company and others, defendants.

Greenberg Traurig, New York City (Alan Mansfield and Robert Kirshenberg of counsel), and Shook, Hardy & Bacon, L. L. P., Kansas City, Missouri (Gary R. Long and John K. Sherk, III, of counsel), for Lorillard Inc. and another, defendants.

Dechert Price & Rhoads, New York City (Robert A. Cohen of counsel), for Philip Morris Incorporated and another, defendants.

Jones, Day, Reavis & Pogue, New York City (Harold K. Gordon of counsel), for RJR Nabisco, Inc., and another, defendants.

Kasowitz, Benson, Torres & Friedman L. L. P., New York City (Julie R. Fischer of counsel), for Liggett Group, Inc., and another, defendants.

Debevoise & Plimpton, New York City (Steven Klugman and Harry Zirlin of counsel), for Council for Tobacco Research-USA, Inc., defendant.

Seward & Kissel L. L. P., New York City (Jack Yoskowitz of counsel), for Tobacco Institute, Inc., defendant.

Finz & Finz, P. C., New York City (Leonard F. Finz, Stuart L. Finz and Jay L. Feigenbaum of counsel), for plaintiffs.

OPINION OF THE COURT

NATHAN L. BERKE, J.

This is a cross motion by the plaintiffs for an order pursuant to CPLR 902 determining that the action may proceed as a class action. The cross motion is denied because the plaintiffs have failed to show that there are questions of law or fact common to the class which predominate over any questions affecting only individual members (CPLR 901 [a] [2]) and that a class action is superior to other available methods...

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