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STATE OF NEW YORK v. PHILIP MORRIS INCORPORATED

42 A.D.3d 353 (2007)

840 N.Y.S.2d 55

STATE OF NEW YORK et al., Respondents, v. PHILIP MORRIS INCORPORATED et al., Appellants, et al., Defendants.

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

Decided July 19, 2007.

In 1998, the major tobacco manufacturers in the United States (the Original Participating Manufacturers or OPMs) entered into the MSA with New York, 45 other states, the District of Columbia, and five island territories (collectively, the Settling States), pursuant to which the companies agreed to advertising and marketing restrictions and to make substantial annual payments, in settlement of claims for the health care costs of treating smoking-related illnesses. Thereafter...

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