Legal Opinion
Rabouin v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2006PublishedCited by 7 opinions
1Opinion of the Court
*350Order, Supreme Court, New York County (Herman Calm, J.), entered November 22, 2004, which granted plaintiffs’ motion for class certification, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion denied, and the class decertified.
In order to obtain class certification, the burden is on plaintiff to satisfy the five prerequisites set forth in CPLR 901 (a):
“1. the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable;
“2. there are questions of law or fact common to the class which…
2Cases cited6 opinions
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Stutman v. Chemical BankNew York Court of Appeals · 2000
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- O'Connor v. PapertsianNew York Court of Appeals · 1956
- Hazelhurst v. Brita Products Co.Appellate Division of the Supreme Court of the State of New York · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Beavers v. Metropolitan Life InsuranceCourt of Appeals for the Fifth Circuit · 2009
- Newman v. RCN Telecom Services, Inc.District Court, S.D. New York · 2006
- Globe Surgical Supply v. GEICO InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Morrissey v. Nextel Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- CLC/CFI Liquidating Trust v. Bloomingdale's, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.