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MATTER OF KINGS COUNTY TOBACCO LITIG.

187 Misc.2d 409 (2000)

727 N.Y.S.2d 241

In the Matter of KINGS COUNTY TOBACCO LITIGATION. SUSAN DAVIS, Individually and as Administratrix of the Estate of JEFFREY DAVIS, Deceased, Plaintiff, v. FORTUNE BRANDS, INC., Formerly Known as AMERICAN BRANDS, INC., et al., Defendants.

Supreme Court, Kings County.

September 27, 2000.

Attorney(s) appearing for the Case

Chadbourne & Parke, L. L. P., New York City (Bruce Sheffler of counsel), for Fortune Brands, Inc., and others, defendants.

Shook, Hardy, Bacon, L. L. P., of the Missouri Bar, admitted pro hac vice (Billy R. Randles and David M. Woods of counsel), for Lorillard Tobacco Company, defendant.

Greenberg Traurig, New York City (Alan Mansfield and Robert Kirshenberg of counsel), and Winston & Strawn, New York City (Thomas J. Quigley and David Mollon of counsel), for Philip Morris Incorporated and another, defendants.

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

Kasowitz, Benson, Torres & Friedman, New York City (Aaron H. Marks and Nancy E. Straub of counsel), for Liggett Group, Inc., also known as Brooke Group, Ltd., and another, defendants.

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

Debevoise & Plimpton, New York City (Bruce G. Merritt and Harry Zirlin of counsel), for The Council for Tobacco Research-USA, Inc., defendant.

Finz & Finz, Jericho (Gary J. Douglas, Stuart Finz, Joseph S. Hubicki and Michael London of counsel), for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

How do we reconcile a Federally preempted cause of action for fraudulent concealment with a permitted cause of action for conspiracy to misrepresent or conceal material facts in a smoker's personal injury action under New York law?

This is the second in a series of smoker suits in the Kings County Tobacco Litigation to be subjected to review upon motions for summary judgment.1

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