Nicholson v. KeySpan Corp.

In an action, inter alia, to recover damages for injury to real property, the plaintiffs appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Sgroi, J.), dated September 28, 2007, as denied their motion for class action certification pursuant to CPLR article 9, and (2) from an order of the same court dated October 22, 2007, which denied their cross motion, in effect, for summary judgment on the cause of action sounding in strict liability.

Ordered that the order dated September 28, 2007 is affirmed insofar as appealed from; and it is further,

Orde…