Kindel v. Kaufman & Broad Homes of Long Island, Inc.

— In an action to recover damages for fraud and breach of contract, commenced by plaintiff on behalf of himself and all others similarly situated, the defendant appeals from so much of an order of the Supreme Court, Suffolk County, entered May 12, 1978, as certified part of the cause of action for breach of contract as a class action and "permitted the owners of condominium units having exterior walls of masonry construction on the date the action was commenced, who originally purchased their units from the defendant, to maintain such breach of contract claim as a class action.” Order…