Gewanter v. Quaker State Oil Refining Corp.

Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: The paramount issue on this appeal is whether the identity of persons who are claimed by plaintiff to comprise the class which he seeks to represent is discoverable prior to class certification. In this action for damages, statutory penalties and equitable relief which is grounded on breach of contract, fraud and deceit, plaintiff alleges that he is a member of a class of persons with whom the defendant Quaker State Oil Refining Corp. has made a contract entitled, “Lubrication…