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FRANKSON v. PHILIP MORRIS INCORPORATED

31 A.D.3d 372 (2006)

818 N.Y.S.2d 772

GLADYS FRANKSON et al., Respondents, v. PHILIP MORRIS INCORPORATED, Defendant, and BROWN & WILLIAMSON TOBACCO CORPORATION et al., Appellants.

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

July 5, 2006.

Ordered that the order dated December 1, 2003 is affirmed insofar as appealed from; and it is further,

Ordered that the first order dated June 22, 2004 is modified, on the law, by deleting the provision thereof denying that branch of the motion pursuant to CPLR 4404 (a) which was to set aside the jury verdict in favor of the plaintiffs on defective design claims and substituting therefor a provision granting that branch of the motion; as so modified, the first order...

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