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MARTINEZ v. AM. EXP. INDUS., INC.

48 A.D.2d 803 (1975)

Antonio C. Martinez, Individually and on Behalf of All Holders of Convertible Debentures of American Export Industries, Inc., Respondent, v. American Export Industries, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 17, 1975

Where, as here, a choice of remedies is available to each member of an alleged class, class action status should be denied. (Gaynor v Rockefeller, 15 N.Y.2d 120, 129.) Permitting a class action in this instance would deprive the other debenture holders of their choice of remedies. (Onofrio v Playboy Club of N. Y., 15 N.Y.2d 740

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