Cherry v. Resource America, Inc.

Appeal from an order of the Supreme Court, Chautauqua County (Frederick J. Marshall, J.; Joseph Gerace, J., decision), entered March 18, 2004. The order granted plaintiffs’ motion for class certification.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We conclude that Supreme Court properly granted plaintiffs’ motion for class certification pursuant to CPLR article 9, for the reasons set forth in our decision in Freeman v Great Lakes Energy Partners (12 AD3d 1170 [2004]). Here, as in Freeman, plaintiffs met their…