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RILEY v. NEW RAPIDS CARPET CENTER

61 N.J. 218 (1972)

294 A.2d 7

ALFRED RILEY AND ALBERTA RILEY, INDIVIDUALLY AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. NEW RAPIDS CARPET CENTER, A NEW YORK CORPORATION; IDEAL DESIGNS, INC., A NEW YORK CORPORATION; AND CHARGE ACCOUNT FACTORS, INC., A NEW YORK CORPORATION, SUED INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED, DEFENDANTS-APPELLEES.

The Supreme Court of New Jersey.

Argued March 21, 1972.

Decided July 6, 1972.

Attorney(s) appearing for the Case

Mr. Henry L. Woodward argued the cause for appellants (Messrs. David G. Laidman and Barry L. Shapiro, on the brief; Mr. Richard N. Tilton, Newark Legal Services Project; Mr. Joshua M. Levin, Messrs. Levin and Chenkin; Newark-Essex Joint Law Reform Project, attorneys).

Mr. Melville D. Miller, Jr., argued the cause for New Jersey State Office of Legal Services, amicus curiae (Mr. James J. Ciancia, on the brief).

Mr. Sheppard A. Guryan argued the cause for appellees New Rapids Carpet Center and Charge Account Factors, Inc. (Messrs. Lasser, Lasser, Sarokin and Hochman, attorneys).

Mr. Jerome S. Lieb argued the cause for appellee Ideal Designs, Inc. (Messrs. Lieb, Teich and Berlin, attorneys).

The opinion of the Court was delivered by WEINTRAUB, C.J.

This suit was brought as a class action. On pretrial applications the trial court granted judgment in favor of one defendant and denied authorization to maintain the suit as a class action, permitting it to proceed solely on behalf of the named plaintiffs against the remaining defendants. The refusal to authorize a class action denied the main thrust of the litigation. Plaintiffs moved before the Appellate...

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