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FRANKSON v. TOBACCO CORP.

4 Misc.3d 609 (2004)

781 N.Y.S.2d 427

GLADYS FRANKSON, Individually and as Administratrix of the Estate of HARRY W. FRANKSON, Deceased, Plaintiff, v. BROWN & WILLIAMSON TOBACCO CORPORATION, Individually and as Successor by Merger to the AMERICAN TOBACCO COMPANY, et al., Defendants.

Supreme Court, Kings County.

June 22, 2004.

Attorney(s) appearing for the Case

Michael A. London, New York City, and Bauman & Kunkis, New York City (Gary J. Douglas and Roger Kunkis of counsel), for plaintiff.

Chadbourne & Parke, LLP, New York City (Bruce G. Sheffler, Allison M. Alcasabas and Thomas E. Riley of counsel), for Brown & Williamson Tobacco Corporation and another, defendants.

Seward & Kissel, LLP, New York City, for Tobacco Institute, Inc., defendant.

OPINION OF THE COURT

HERBERT KRAMER, J.

Harry Frankson was 13 years old when he began to smoke in 1954. Within a year he was smoking a pack of cigarettes a day. In the 1990s he made a number of attempts to quit smoking, but could not do so. He was diagnosed with lung cancer in September of 1998 and died of lung cancer caused by cigarette smoking in February of 1999. Trial of this action commenced on November 17...

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