Guadagno v. Diamond Tours & Travel, Inc.

Motions under calendar numbers 6, 7 and 55 of May 7, 1976, are consolidated for disposition.

Plaintiffs move for an order pursuant to CPLR 902 determining that the instant action may be maintained as a class action. Defendants have cross-moved to dismiss the complaint insofar as it purports to allege a class action.

Plaintiffs, and the class they seek to represent, bring the action to recover actual and punitive damages based upon allegations of conspiracy, fraudulent misrepresentation and breach of contract in connection with the sale of travel tours to a Jamaican resort. The class comprises…