Callender v. Shirell Air, Inc.

—In an action, inter alia, to enforce a trust pursuant to Lien Law § 77, the plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Scarpino, J.), entered June 28, 2000, as denied their motion for class action certification and dismissed their first and second causes of action seeking to recover the sums of $19,650 and $4,161, respectively, from the defendants Shirell Air, Inc., and Arik Aflalo.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiffs’ motion for class action certification is granted, and their first and…