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TUOSTO v. PHILIP MORRIS USA INC.

No. 05 Civ. 9384 (PKL).

672 F.Supp.2d 350 (2009)

John TUOSTO as proposed Administrator of the Estate of Rita Tuosto and John Tuosto, Individually, Plaintiff, v. PHILIP MORRIS USA INC., Defendant.

United States District Court, S.D. New York.

November 19, 2009.

Attorney(s) appearing for the Case

Law Offices of Joseph M. Lichtenstein, P.C., Joseph M. Lichtenstein, Esq., Mineola, NY, for Plaintiff.

Hunton & Williams LLP, Scott E. Hershman, Esq., Stephen R. Blacklocks, Esq., New York, NY, for Defendant Philip Morris USA Inc.

OPINION AND ORDER

PETER K. LEISURE, District Judge.

Plaintiff John Tuosto brings this suit individually and as the administrator of the estate of his deceased wife, Rita Tuosto (collectively, "Tuosto"). Rita Tuosto allegedly smoked cigarettes manufactured by Defendant Philip Morris USA Incorporated ("PMUSA") from the late 1960s or early 1970s until her death on October 5, 2003. Tuosto alleges that PM USA's cigarettes caused Rita Tuosto's death, giving...

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