Court of Appeals of New York

In response to the 2nd circuit's certified question: under New York Law, a current or former longtime heavy smoker who has not been diagnosed with a smoking-related disease, and who is not under investigation by a physician for such a suspected disease, is not entitled to pursue an independent equitable cause of action for medical monitoring for such a disease.

Appellate Information

• Decided 12/17/2013
• Published 12/17/2013

Judges

• PIGOTT

Court

• Court of Appeals of New York

Counsel