Ridge Meadows Homeowners' Ass'n v. Tara Development Co.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Although Supreme Court properly found that the prerequisites for class action certification set forth in CPLR 901 (a) have been met, plaintiffs are barred by CPLR 901 (b) from maintaining a class action for the minimum and treble damages imposed by section 349 (h) of the General Business Law. On this appeal, however, plaintiffs consent to strike that portion of the sixth cause of action seeking that relief and to limit their demand to actual damages. Thus, CPLR 901 (b) is…