GEIGER v. AMERICAN TOBACCO COMPANY


277 A.D.2d 420 (2000)

716 N.Y.S.2d 108

WILLIAM GEIGER et al., Appellants, v. AMERICAN TOBACCO COMPANY et al., Respondents.

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

Decided November 27, 2000.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contentions, the Supreme Court properly denied their cross motion for class action certification. The purportedly common issues proposed by the plaintiffs in their complaint are actually dependent on the resolution of issues such as addiction and causation as to each individual member of the proposed class. Issues of causation must be resolved on a case-by-case basis, and thus, the difficult...

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