Opinion
No. 2009-08071.
March 23, 2010.
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Kings County (Schack, J.), dated July 17, 2009, which denied their motion, inter alia, for class action certification pursuant to CPLR article 9.
Jaroslawicz Jaros, LLC, New York, N.Y. (David Tolchin of counsel), and Weiss Lurie, New York, N.Y., for appellants (one brief filed).
Gordon Rees LLP, New York, N.Y. (Joseph Salvo of counsel), for respondent.
Before: Fisher, J.P., Dillon, Dickerson and Belen, JJ, concur.
Ordered that the order is affirmed, without costs or disbursements.
Under the circumstances of this case, the Supreme Court correctly denied the plaintiffs' motion, inter alia, for class action certification ( see CPLR 901 [a]).