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FLEMMING v. BARNWELL NURSING

No. 149.

15 N.Y.3d 375 (2010)

JON FLEMMING, Individually and as the Administrator of the Estate of ELIZABETH LAGAI, Deceased, on Behalf of Himself and All Others Similarly Situated, Respondent, v. BARNWELL NURSING HOME AND HEALTH FACILITIES, INC., Defendant. CAROLINE AHLFORS MOURIS, Appellant; PAUL MACARI, Respondent.

Court of Appeals of New York.

Decided October 21, 2010.

Attorney(s) appearing for the Case

Michael S. Gruen , New York City, for appellant.

DeGraff, Foy & Kunz, LLP, Albany ( George J. Szary , David F. Kunz and Aaron F. Carbone of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ and JONES concur with Judge PIGOTT; Judge SMITH dissents in a separate opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

PIGOTT, J.

On this appeal, we are asked to consider whether New York law permits an award of counsel fees and expenses to an objectant in a class action. We hold that it does not.

This class action lawsuit was brought on behalf of 242 individuals, who were residents at defendant Barnwell Nursing Home and Health Facilities, Inc. at any time from January 1, 1999 through January...

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