Gaidon v. Guardian Life Insurance

Order, Supreme Court, New York County (Charles Ramos, J.), entered April 25, 2003, which, inter alia, denied class certification to plaintiff policyholders in this action alleging deceptive sales techniques, unanimously affirmed, without costs.

Plaintiffs failed to demonstrate questions of fact common to the class which predominate over questions affecting only individual members (CPLR 901 [a] [2]; Canavan v Chase Manhattan Bank, 234 AD2d 493, 494 [1996]). “Deceptive acts or practices” (General Business Law § 349) implies more than simply an invented scheme or marketing strategy, but rather an…