Viders v. Pennsylvania Handicapped Workers, Inc.

Motion for an order determining that the action may be maintained as a class action is denied.

Movant has not met the requirements for a class action as set forth in CPLR 901. The alleged telephoned misrepresentations are individual to the different persons involved, and the common questions of law and fact do not predominate over the individual questions of reliance and damage. Proof of the cause of any one member of the proposed class would not automatically prove the cause of action for all members of the class.

In addition, plaintiff being the wife of the law partner in the firm which seeks…