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ROSE v. BROWN & WILLIAMSON

10 Misc.3d 680 (2005)

809 N.Y.S.2d 784

NORMA ROSE et al., Plaintiffs, v. BROWN & WILLIAMSON TOBACCO CORPORATION, as Successor in Interest to AMERICAN TOBACCO, et al., Defendants.

Supreme Court, New York County.

September 29, 2005.

Attorney(s) appearing for the Case

Winston & Strawn, LLP, New York City, for Philip Morris USA, Inc., defendant.

Chadbourne & Park, LLP, New York City, for Brown & Williamson Tobacco Corporation, defendant.

Jones Day, New York City, for R.J. Reynolds Tobacco Company, defendant.

Finz & Finz, P.C., Jericho, for plaintiffs.

OPINION OF THE COURT

KAREN S. SMITH, J.

From February 7, 2005 through March 28, 2005 this court tried the instant case before a jury in three phases. The first phase of the trial was to determine liability for damages suffered by the plaintiffs as a result of plaintiff Norma Rose having smoked cigarettes manufactured by defendants over a 46-year period. The second phase of the trial was to determine if there was sufficient evidence to impose punitive damages...

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