Legal Opinion
Kings Choice Neckwear, Inc. v. DHL Airways, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2007PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Herman Cahn, J.), entered April 19, 2006, which denied plaintiffs’ motion for class certification, unanimously affirmed, with costs.
Whether a particular lawsuit qualifies as a class action matter ordinarily rests within the sound discretion of the trial court, although the Appellate Division is vested with the same discretionary authority that may be exercised even absent an abuse of discretion (Small v Lorillard Tobacco Co., 94 NY2d 43, 52-53 [1999]). However, the party seeking class certification still bears the initial burden of establishing the…
2Cases cited4 opinions
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- Mendel v. Henry Phipps Plaza West, Inc.New York Court of Appeals · 2006
- Aymes v. Gateway Demolition Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Rabouin v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Globe Surgical Supply v. GEICO InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Cooper v. Sleepy's, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Emilio v. Robison Oil Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Jackson v. Citywide Mobile Response Corp.New York Supreme Court · 2023