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STATE OF NEW YORK v. PHILIP MORRIS INCORPORATED

51 A.D.3d 523 (2008)

858 N.Y.S.2d 134

STATE OF NEW YORK et al., Respondents, v. PHILIP MORRIS INCORPORATED et al., Appellants. STATE OF NEW YORK et al., Respondents, v. PHILIP MORRIS INCORPORATED et al., Appellants. COMMONWEALTH BRANDS, INC., et al., Nonparty Appellants.

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

Decided May 15, 2008.

On a prior appeal, the Court of Appeals concluded that "the questions whether New York enacted and diligently enforced a Qualifying Statute and whether it was correctly spared the NPM [Non-Participating Manufacturer] adjustment are arbitrable" (8 N.Y.3d 574, 581-582 [2007]). Since the issue of diligent enforcement is arbitrable, the issue of whether the June 2003 agreements between the Original Participating Manufacturers and the 52 states...

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