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GUADAGNO v. DIAMOND TOURS

89 Misc.2d 697 (1976)

Thomas Guadagno et al., for Themselves and on Behalf of All Others Similarly Situated, Plaintiffs, v. Diamond Tours & Travel, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

August 3, 1976

Attorney(s) appearing for the Case

Shea, Gould, Climenko, Kramer & Casey (Thomas A. Dickerson of counsel), for plaintiffs. Malcolm L. Tillim for Suffolk Travel Services, Inc., defendant. Martin E. Silfen, P. C., for Club Islandia and Resort Villages, Inc., and others, defendants. Goldberg & Goldberg (Henry L. Goldberg of counsel), for Diamond Tours & Travel, Inc., and others, defendants. Fien, Tofel & Saxl for A.O.T. Tours, Inc., defendant. Corwin & Matthews for Tony Pastor and another, defendants.

CHARLES G. TIERNEY, J.

Motions under calendar numbers 6, 7 and 55 of May 7, 1976, are consolidated for disposition.

Plaintiffs move for an order pursuant to CPLR 902 determining that the instant action may be maintained as a class action. Defendants have cross-moved to dismiss the complaint insofar as it purports to allege a class action.

Plaintiffs, and the class they seek to represent, bring...

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