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FABIANO v. PHILIP MORRIS INC.

54 A.D.3d 146 (2008)

862 N.Y.S.2d 487

LORILYNN FABIANO, as Executor of MAUREEN FABIANO, Deceased, et al., Respondents, v. PHILIP MORRIS INC., Now Known as PHILIP MORRIS USA INC., et al., Appellants, et al., Defendants.

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

July 22, 2008.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York City (Alan Mansfield, Israel Rubin, Robert J. Kirshenberg and Stephen L. Saxl of counsel), for Lorillard Tobacco Company, appellant.

Winston & Strawn LLP, New York City (Thomas J. Quigley of counsel), for Philip Morris USA Inc., appellant.

Chadbourne & Parke LLP, New York City and Jones Day, New York City (Stephen J. Kaczynski and Harold K. Gordon of counsel), for Brown & Williamson Holdings, Inc. and another, appellants.

Douglas & London, P.C., New York City (Michael A. London and Gary Douglas of counsel) and Kenneth Chesebro, Cambridge, Massachusetts, for respondents.

GONZALEZ, SWEENY and CATTERSON, JJ., concur.

OPINION OF THE COURT

LIPPMAN, P.J.

Maureen Fabiano died in 2002 after a bout with lung cancer. In this action brought by her estate and her surviving spouse, it is alleged that her cancer was caused by carcinogens she ingested by smoking cigarettes, an activity in which she engaged over a 36-year period, beginning in 1956 when she was 14 years of age. It is further alleged that defendants, the manufacturers of the cigarettes smoked by Ms. Fabiano, by dint...

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