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TORMEY, JR. v. THE AMERICAN TOBACCO COMPANY

48 A.D.3d 1063 (2008)

850 N.Y.S.2d 309

THOMAS M. TORMEY, JR., Individually and as Administrator of the Estate of JUDITH I. TORMEY, Deceased, Appellant, v. THE AMERICAN TOBACCO COMPANY et al., Respondents, et al., Defendants.

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

Decided February 1, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the respective motion and cross motion of defendants-respondents (defendants) for partial summary judgment dismissing the second cause of action against them. Plaintiff alleged therein that defendants were negligent in failing to warn nonsmokers concerning the health risks of environmental tobacco smoke (ETS) after the year...

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