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Lewis v. Forest Hills Gardens Corp.

Appellate Division of the Supreme Court of New York, Second Department
Aug 31, 1998
253 A.D.2d 541 (N.Y. App. Div. 1998)

Opinion

August 31, 1998

Appeal from the Supreme Court, Queens County (Milano, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion pursuant to CPLR 902 for a determination that the action may be maintained as a class action ( see, Karlin v. IVF Am., 239 A.D.2d 562). The evidence in the record indicates that the plaintiff is not a suitable representative of the proposed class ( see, CPLR 901 [a] [4]).

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Lewis v. Forest Hills Gardens Corp.

Appellate Division of the Supreme Court of New York, Second Department
Aug 31, 1998
253 A.D.2d 541 (N.Y. App. Div. 1998)
Case details for

Lewis v. Forest Hills Gardens Corp.

Case Details

Full title:GERALD P. LEWIS, on Behalf of Himself and All Others Similarly Situated…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 31, 1998

Citations

253 A.D.2d 541 (N.Y. App. Div. 1998)
676 N.Y.S.2d 515