Gerwin & Ehrenclou v. 964 Third Avenue Associates

Order, Supreme Court, New York County (Price, J.), entered June 10, 1982, which granted plaintiff’s motion to permit the action to proceed as a class action, defined the class and fixed the terms of notice to the class, unanimously reversed, on the law and the facts and in the exercise of discretion, and motion denied, without costs, and without prejudice to renewal by plaintiff upon presentation of further factual evidence. Plaintiff is a commercial tenant of the subject’ premises, a 39-story building, and brought this action against the landlord and its general partners alleging, inter…