Banks v. Carroll & Graf Publishers, Inc.

—Order, Supreme Court, New York County (Barry Cozier, J.), entered May 18, 1999, which, inter alia, granted plaintiffs’ motion for class cer*69tification, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, the motion denied, and the class decertified.

In this action, plaintiffs are authors who have had their books published by defendant, a small independent publisher. In general it is alleged that defendant engaged in a pattern of conduct in which it underpaid royalties, paid royalties in an untimely manner, and withheld royalties by setting reserves…