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WEINER v. FORTUNOFF OF WESTBURY

69 Misc.2d 171 (1972)

Alice M. Weiner, on Behalf of Herself and All Other Persons Similarly Situated, Plaintiff, v. M. Fortunoff of Westbury, Inc., Doing Business as Fortunoff Westbrook, Fortunoff and Fortunoff, New York, Defendant.

Supreme Court, Special Term, Nassau County.

January 28, 1972

Attorney(s) appearing for the Case

Sheldon V. Burman for plaintiff. Milbank, Tweed, Hadley & McCloy (Isaac Shapiro and Norman R. Nelson of counsel), for defendant.

JOSEPH LIFF, J.

Defendant moves to dismiss the complaint, asserting that the plaintiff may not maintain a class action (CPLR 3211, subd. [a], par. 3) and that the complaint fails to state a cause of action (CPLR 3211, subd. [a], par. 7). The court may treat the application as one for summary judgment and afford the parties an opportunity to submit further evidence to support their respective positions (Mareno v. Kibbe, 32 A.D.2d...

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