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JAMES v. AMERICAN TOBACCO COMPANY

15 A.D.3d 182 (2005)

789 N.Y.S.2d 40

TIMOTHY JAMES, as Executor of DENISE JAMES, Deceased, Respondent, v. THE AMERICAN TOBACCO COMPANY et al., Appellants, et al., Defendants.

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

February 3, 2005.

This action, which was commenced after the decedent's death, seeks compensatory and punitive damages from defendant tobacco companies for physical and emotional injuries the decedent allegedly suffered as the result of her cigarette smoking. Defendants-appellants sufficiently established the possible relevance to this action of the testimony of nonparty witnesses Aram James (the decedent's stepson) and Betty McNamara James (the decedent's babysitter and, subsequently, her...

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