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ALTMAN v. FORTUNE BRANDS, INC.

268 A.D.2d 231 (2000)

701 N.Y.S.2d 615

SUSAN ALTMAN, Individually and on Behalf of the Estate of WALTER ALTMAN, Deceased, et al., Plaintiffs, and LORRAINE A. DONER et al., Appellants, v. FORTUNE BRANDS, INC., Formerly Known as AMERICAN BRANDS, INC., et al., Respondents.

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

Decided January 6, 2000.

Since the Hickey estate has not previously argued that the applicable Statutes of Limitation were tolled by the commencement of class actions (see, American Pipe & Constr. Co. v Utah, 414 U.S. 538, 550-551)—the only prior argument to that effect having been made by another plaintiff in a footnote submitted in a memorandum in opposition to defendants' motion to dismiss which did not mention one of the class actions now relied...

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