Legal Opinion

Frackson v. Brown & Williamson Tobacco Corp.

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 2009PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Eng, J.

*215The 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 & Williamson Tobacco Corporation (hereinafter Brown & Williamson). Frankson was diagnosed with lung cancer in September 1998 and died five months later, at the age of 57. It is…

2Cases cited17 opinions

  1. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  2. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  3. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  4. Messenger v. AndersonSupreme Court of the United States · 1912
  5. Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001

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3Cited by29 opinions

  1. Wells Fargo Bank Minnesota, National Ass'n v. PerezAppellate Division of the Supreme Court of the State of New York · 2010
  2. Haberman v. Zoning Board of Appeals of City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2012
  3. Aurora Loan Services, LLC v. GrantAppellate Division of the Supreme Court of the State of New York · 2011
  4. Fulmer v. BuxenbaumAppellate Division of the Supreme Court of the State of New York · 2013
  5. Callaghan v. CurtisAppellate Division of the Supreme Court of the State of New York · 2011

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