Legal Opinion
Froehlich v. Toia
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1979PublishedCited by 12 opinions
1Opinion of the Court
Judgment unanimously affirmed, without costs. Memorandum: Petitioner and interveners brought this CPLR article 78 proceeding seeking to review a determination of respondent State Commissioner of Social Services which denied retroactive effect to a Court of Appeals determination in Matter of Dumbleton v Reed (40 NY2d 586). Petitioners appeal only from that part of the judgment at Special Term that denied their motion that the proceeding be maintained as a class action. Class action certification is a question vested in the sound discretion of the court (CPLR 901, subd a, par 5; Matter of Shook…
2Cases cited4 opinions
- Martin v. LavineNew York Court of Appeals · 1976
- Dumbleton v. ReedNew York Court of Appeals · 1976
- Shook v. LavineAppellate Division of the Supreme Court of the State of New York · 1975
- Knapp v. MichauxAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by12 opinions
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Askey v. Occidental Chemical Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Woodrow v. Colt Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Christensen v. Kiewit-Murdock Investment Corp.Court of Appeals for the Second Circuit · 1987
- Cannon v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1980
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