GLADYS FRANKSON, Respondent,
v.
BROWN & WILLIAMSON TOBACCO CORPORATION et al., Appellants.
Appellate Division of the Supreme Court of New York, Second Department.https://leagle.com/images/logo.png
September 29, 2009.
September 29, 2009.
Attorney(s) appearing for the Case
Chadbourne & Parke LLP, New York City (Thomas E. Riley, Benjamin C. Rubinstein, Ellen A. Black, Morghan Richardson and Cassandre L. Charles of counsel), for Brown & Williamson Holdings, Inc., and another, appellants, and Seward & Kissel LLP, New York City, for Tobacco Institute, Inc., appellant (one brief filed).
Douglas & London, P.C., New York City (Michael A. London, Gary J. Douglas and Kenneth J. Gorman of counsel), and Bauman Kunkis & Ocasio-Douglas, P.C., New York City, for respondent (one brief filed).
SPOLZINO, J.P., SANTUCCI and ANGIOLILLO, JJ., concur.
Appellate Division of the Supreme Court of New York, Second Department.
OPINION OF THE COURT
ENG, J.
The late Harry Frankson began smoking cigarettes in 1954, when he was 13 years old. Frankson soon became a heavy smoker, smoking at least a pack of cigarettes a day over the next 40 years. The brand Frankson regularly smoked throughout his life was Lucky Strikes, originally manufactured by the American Tobacco Company (hereinafter American), and after 1995 by its successor, the Brown...
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