Sirica v. Cellular Telephone Co.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered October 24, 1995, which denied plaintiffs motions to certify as a class subscribers to defendant’s cellular *471telephone service, and for leave to amend the second amended complaint to include a cause of action under Public Service Law § 91 (2) (a), unanimously affirmed, without costs.

The motion court properly denied class certification. Defendant’s contractual liability, if any, is individual in nature, especially in view of its credit policy. We reject plaintiff’s argument for a statistically based assessment of damages absent…