Kerpen v. First Investors Corp.

Defendant moves for accelerated judgment pursuant to CPLR 3211 (subd. [a], par. 7) and 3001 declaring that the contract provision challenged by the plaintiffs is valid and binding and that the defendant is not liable to the plaintiffs for commissions and for further relief dismissing the cause to the extent it purports to be a class or representative action and requiring that a separate cause be stated on behalf of each plaintiff.

Seller representatives engaged by defendant solicit and procure customers to purchase mutual fund contractual plans. The salesmen earn commissions and “continuing…