Lewis v. Hertz Corp.

—Order, Supreme Court, New York *477County (William Davis, J.), entered February 7, 1994, which denied plaintiff’s motion to define the class to be represented by her, and granted defendant’s cross motion for summary judgment dismissing the third and tenth causes of action and for decertification of the plaintiff class, unanimously affirmed, without costs.

The representative plaintiff’s allegations that defendant practiced some form of bad faith or unfair dealing in the performance of the parties’ contract were not addressed in the prior order of this Court sustaining plaintiff’s third and tenth…