BLOCK v. LIGGETT MYERS TOBACCO CO., INC

PER CURIAM.

We are of the opinion that cigarettes are not within the class of dangerous articles which render their manufacturer liable to strangers for a defect such as is complained of here. ( Jaroniec v. Hasselbarth, Inc., 223 A.D. 182; Byers v. Flushovalve Co., 160 N.Y.S. 1050; affd., 178 A.D. 894; Hasbrouck v. Armour Company, 139 Wis. 357; 121 N.W. 157.)

Judgment reversed, with thirty dollars costs, and judgment directed for defendant, with costs.

LYDON and HAMMER, JJ., concur; LEVY, J., dissents.