Ray v. Marine Midland Grace Trust Co.

I concur in the result reached by the majority today. I am pleased by the awareness shown by our court of the necessity for developing the class action. However, I cannot join with the majority’s strained attempt to make it appear as though our court has been involved in a “ continuing development and definition of the appropriate sphere of class actions ”. In fact, this State’s class action policy has lacked development and has been unclear and inconsistent. We have certified classes with unknown members, different damages and some significant management problems (see, e.g., Case v. Indian…