Opinion
6520 Index 23705/15E
05-10-2018
Mary GIBBS, etc., et al., Plaintiffs–Appellants, v. KINGS HARBOR HEALTH SERVICES LLC, doing business as Kings Harbor Multicare Center, Defendant–Respondent.
Finkelstein, Blankinship, Frei–Pearson & Garber, LLP, White Plains (D. Greg Blankinship of counsel), for appellants. Mauro Lilling NaParty LLP, Woodbury (Seth M. Weinberg of counsel), for respondent.
Finkelstein, Blankinship, Frei–Pearson & Garber, LLP, White Plains (D. Greg Blankinship of counsel), for appellants.
Mauro Lilling NaParty LLP, Woodbury (Seth M. Weinberg of counsel), for respondent.
Richter, J.P., Manzanet–Daniels, Webber, Oing, Moulton, JJ.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 15, 2016, which denied, with prejudice, the motion pursuant to CPLR 901 and 902 by plaintiffs Levonia McCray, as son and administrator of the estate of Belton Ganett, and Mary Gibbs, as daughter and guardian ad litem of Henry Gibbs, an incapacitated adult incapable of adequately prosecuting his rights, to certify this action as a class action, appoint McCray and Gibbs as class representatives, and appoint Finkelstein, Blankinship, Frei–Pearson and Garber, LLP as class counsel, unanimously modified, on the law, to allow pre-class certification discovery and to permit plaintiffs to renew their motion after completion of such discovery, and otherwise affirmed, without costs.
At this juncture, as plaintiffs have failed to satisfy CPLR 901(a)(2), requiring them to show that "there are questions of law or fact common to the class which predominate over any questions affecting only individual members," further pre-class certification discovery is necessary.