Legal Opinion

Lieberman v. 293 Mediterranean Market Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 2003PublishedCited by 4 opinions

1Opinion of the Court

—In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Parga, J.), entered May 20, 2002, which denied his motion for class action certification pursuant to CPLR article 9 and for partial summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs contention, the Supreme Court providently exercised its discretion in denying that branch of his motion which was to certify a class action. To certify a lawsuit as a class action, the court must be satisfied that…

2Cases cited4 opinions

  1. Valenti v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Karlin v. IVF America, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Komonczi v. FieldsAppellate Division of the Supreme Court of the State of New York · 1996
  4. Brown v. City Sam Restaurants, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by4 opinions

  1. Globe Surgical Supply v. GEICO InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  2. Alix v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Dimich v. Med-Pro, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Carni v. Continental Home Loans, Inc.New York Supreme Court · 2014

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