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FABIANO v. PHILIP MORRIS INC.

102715/04

29 Misc.3d 395 (2010)

909 N.Y.S.2d 314

LORILYNN FABIANO, as Executrix of MAUREEN FABIANO, Deceased, et al., Plaintiffs, v. PHILIP MORRIS INCORPORATED et al., Defendants.

Supreme Court, New York County.

Decided July 13, 2010.

Attorney(s) appearing for the Case

Jones Day , New York City ( Daniel L. Russo and Robert Iscaro of counsel), for R.J. Reynolds Tobacco Company and others, defendants.

Jones Day , New York City ( Daniel L. Russo and Robert Iscaro of counsel), and Chadbourne & Parke LLP, New York City, for Brown & Williamson Holdings, Inc., defendant.

Winston & Straw LLP, New York City, for Philip Morris USA Inc., defendant.

Greenberg Traurig, LLP, New York City, for Lorillard Tobacco Company, defendant.

Douglas & London, P.C., New York City, for plaintiffs.

OPINION OF THE COURT

EMILY JANE GOODMAN, J.

This tobacco products liability action is brought by Lorilynn Fabiano Wojciehowski and Cosmo Fabiano (plaintiffs), the daughter and husband of the decedent Maureen Fabiano (herein decedent or smoker), who seek to recover damages for her injuries and death. Their theory implicitly characterizes all cigarettes as weapons of mass destruction. Decedent smoked cigarettes manufactured by defendants for a period of 36...

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