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In a case where a teen-ager wants to prohibit his mother from smoking in his presence, a New York judge has held that a judicially noticed fact is subject to dispute. The judge said that if there is credible scientific evidence that secondhand smoke is not as dangerous as some claim, the mother has a right to bring it forward, even though the court is taking judicial notice of the hazards of environmental tobacco smoke.
October 23, 2002 at 12:00 AM
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The original version of this story was published on Law.Com
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