Appellate Division of the Supreme Court of the State of New York July 22, 2008 (Fabiano v. Philip Morris Inc.)

OPINION OF THE COURT

Lippman, P.J.

Maureen Fabiano died in 2002 after a bout with lung cancer. In this action brought by her estate and her surviving spouse, it is alleged that her cancer was caused by carcinogens she ingested by smoking cigarettes, an activity in which she engaged over a 36-year period, beginning in 1956 when she was 14 years of age.