Legal Opinion
Dank v. Sears Holding Management Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 2009PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for violation of General Business Law §§ 349 and 350 and fraud, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), entered May 19, 2008, which denied his motion for class action certification pursuant to CPLR article 9.
Ordered that the order is affirmed, with costs.
CPLR article 9 authorizes class action suits, and sets forth the criteria to be considered in granting class action certification, which are to be liberally construed (see Kidd v Delta Funding Corp., 289 AD2d 203 [2001]; Liechtung v Tower Air, 269 AD2d 363 [2000];…
2Cases cited7 opinions
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Pruitt v. Rockefeller Center Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Lauer v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Tanzer v. Turbodyne Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Liechtung v. Tower Air, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nicholson v. KeySpan Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Smilewicz v. Sears Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 2011