PHYLLIS SMALL et al., Individually and on Behalf of All Others Similarly Situated, Appellants,
v.
LORILLARD TOBACCO COMPANY, INC., et al., Respondents, et al., Defendants.
CATHERINE ZITO et al., Individually and on Behalf of All Others Similarly Situated, Appellants,
v.
AMERICAN TOBACCO COMPANY, INC., et al., Respondents, et al., Defendants.
SHARLENE HOBERMAN et al., Individually and on Behalf of All Others Similarly Situated, Appellants,
v.
BROWN & WILLIAMSON TOBACCO CORPORATION et al., Respondents, et al., Defendants.
ROSE FROSINA et al., Individually and on Behalf of All Others Similarly Situated, Appellants,
v.
PHILIP MORRIS, INC., et al., Respondents, et al., Defendants.
MARY A. HOSKINS, as Executrix of EDWIN P. HOSKINS, Deceased, Individually and on Behalf of All Others Similarly Situated, Appellant,
v.
R.J. REYNOLDS TOBACCO COMPANY et al., Respondents, et al., Defendants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 14, 1999.
Decided October 26, 1999.
Attorney(s) appearing for the Case
Goodkind Labaton Rudoff & Sucharow, L. L. P., New York City (Martis Ann Brachtl and Louis Gottlieb of counsel), and Henry Monaghan for appellants.
Shook, Hardy, Bacon, L. L. P. (Gary R. Long and John K. Sherk, III, of the Missouri Bar, admitted pro hac vice, of counsel), Greenberg Traurig, New York City (Alan Mansfield, Robert J. Kirshenberg and Stephen Saxl of counsel), Deichert Price & Rhoads; Jones, Day, Reavis & Pogue (Harold K. Gordon of counsel) and Chadbourne & Parke, L. L. P., for Lorillard Tobacco Company and others, respondents.
Simpson Thacher & Bartlett, New York City (Roy L. Reardon, Mary Elizabeth McGarry and Joseph M. McLaughlin of counsel), for B.A.T. Industries P. L. C., respondent.
Debevoise & Plimpton, New York City (Harry Zirlin and Steven Klugman of counsel), for Council for Tobacco Research-U.S.A., Inc., respondent.
Seward & Kissel, L. L. P., New York City (Jack Yoskowitz and Anthony Mansfield of counsel), for Tobacco Institute, Inc., respondent.
Eliot Spitzer, Attorney General, New York City (Deon J. Nossel and Preeta D. Bansal of counsel), pro se, amicus curiae.
Judges BELLACOSA, SMITH, CIPARICK, BRACKEN, CARDONA and LAWTON concur; Chief Judge KAYE and Judges LEVINE and ROSENBLATT taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
WESLEY, J.
These consolidated appeals encompass five proposed class action suits. They are brought by plaintiffs alleging that defendants individually and collectively deceived them about the addictive properties of cigarettes and fraudulently induced them to purchase and continue to smoke cigarettes.
The trial court determined that class certification was a statutorily authorized method to adjudicate the multiplicity of claims...
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