New York Supreme Court July 13, 2010 (Fabiano v. Philip Morris Inc.)

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.