A man who began smoking at age 9 and did not quit until he underwent cancer surgery 30 years later is time-barred from suing cigarette companies for his disease, a New York court has ruled. The panel denied Warren Robare's attempt to invoke the doctrine of equitable estoppel to prevent the largest cigarette makers in the U.S. from successfully asserting the three-year statute of limitations as a defense. Robare alleged that the companies engaged in a campaign to deceive smokers that tobacco was not harmful.
N.Y. Court Refuses to Revive Smoking Suit Filed Years After Limitations Period
New York Law Journal
April 24, 2007