Appellate Division of the Supreme Court of the State of New York October 12, 2004 (Rosen v. Brown & Williamson Tobacco Corp.)

*525In an action, inter alia, to recover damages for negligence and based on products liability, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), dated March 18, 2003, which denied its motion for summary judgment dismissing the complaint.