Opinion
01-06947
Argued April 26, 2002
June 3, 2002
In a class action, inter alia, for a judgment declaring that certain membership campground contracts are void and unenforceable as contrary to public policy pursuant to General Business Law § 659, the defendants Rank America, Inc., Resorts USA, Inc., and Outdoor World Corporation appeal from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated June 28, 2001, as denied their motion to decertify the class in this action.
Lord, Bissell Brook, New York, N.Y. (Cary B. Samowitz and Bedell A. Tippins of counsel; A. Kelly Turner on the brief), for appellants.
Sheldon V. Burman, P.C., New York, N.Y., for respondents.
MYRIAM J. ALTMAN, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the appellants' contention, the granting, in part, of their motion for summary judgment, the record developed on the motion, and the interposition of their counterclaim do not constitute "later events" (Friar v. Vanguard Holding Corp., 78 A.D.2d 83, 100; see CPLR 902) which warrant decertification of the class (see Meachum v. Outdoor World Corp., 273 A.D.2d 209; Branch v. Crabtree, 197 A.D.2d 557; Super Glue Corp. v. Avis Rent A Car Sys., 132 A.D.2d 604, 607; Weinberg v. Hertz Corp., 116 A.D.2d 1, 6-7, affd 69 N.Y.2d 979).
ALTMAN, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.