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STATE v. PHILIP MORRIS INCORPORATED

61 A.D.3d 575 (2009)

877 N.Y.S.2d 291

STATE OF NEW YORK et al., Plaintiffs, v. PHILIP MORRIS INCORPORATED et al., Respondents, and CAROLINA TOBACCO COMPANY et al., Appellants, et al., Defendants.

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

Decided April 23, 2009.

This declaratory judgment action was commenced by the State against numerous cigarette manufacturers and relates to the tobacco settlement reached between, among others, the State and certain cigarette manufacturers. In another appeal concerning the settlement, the Court of Appeals provided the following narrative regarding the settlement:

"In 1998, the Attorneys General of 46 states (including New York) and five island...

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