Goldman v. Garofalo

Suozzi, J. P.,

concurs in so much of the result as denies plaintiff’s cross motion for summary judgment, but otherwise dissents and votes to deny defendants’ cross motion for summary judgment and to grant plaintiff’s motion for class action certification, in accordance with the following memorandum: The complaint seeks to recover fees paid by plaintiff and other members of the purported class for Pap smear tests performed by defendants during a period of time (more than two years) when the defendant laboratory did not have a valid State permit as required by section 574 of the Public Health…