Legal Opinion

Cresser v. American Tobacco Co.

New York Supreme Court

Decided July 31, 1997PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Herbert Kramer, J.

In 10 virtually identical complaints, plaintiffs or the representatives of their estates claimed that the major cigarette manufacturers, a number of their corporate parents and two industry-related research associations acted negligently and intentionally in that they: failed to warn of the dangers of cigarette smoking prior to 1969; committed fraud and deceit; made negligent misrepresentations; designed the product in a negligent and defective manner; manufactured a product that was inherently dangerous and unsafe; and breached express and implied…

2Cases cited17 opinions

  1. Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
  2. Triplex Communications, Inc. v. RileyTexas Supreme Court · 1995
  3. Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
  4. Alexander & Alexander of New York, Inc. v. FritzenNew York Court of Appeals · 1986
  5. Rastelli v. Goodyear Tire & Rubber Co.New York Court of Appeals · 1992

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3Cited by7 opinions

  1. In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationDistrict Court, S.D. New York · 2001
  2. Geiger v. American Tobacco Co.New York Supreme Court · 1999
  3. Beneway v. Superwinch, Inc.District Court, N.D. New York · 2002
  4. DaSilva v. American Tobacco Co.New York Supreme Court · 1997
  5. Miller v. Akron Paint & Varnish, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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