Neama v. Town of Babylon

*837In a proposed class action by commercial property owners to recover a portion of a special tax assessment, the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 14, 2003, which, upon a decision of the same court dated February 11, 2003, after a nonjury trial, in effect, pursuant to CPLR 3212 (c), among other things, granted those branches of the plaintiffs’ motion which were for class action certification and summaiy judgment on the first, third, and fifth causes of action in the complaint and, in effect, denied their cross motion for summary judgment…