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ROSS v. AMREP CORP.

57 A.D.2d 99 (1977)

Robert A. Ross et al., on Behalf of Themselves and All Other Persons Similarly Situated, Respondents, v. Amrep Corporation et al., Appellants

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

April 19, 1977

Attorney(s) appearing for the Case

I. Michael Bayda of counsel (Joseph N. Solomon with him on the brief; Jacobs Persinger & Parker, attorneys), for appellants.

Samuel P. Sporn of counsel (Schoengold & Sporn, attorneys), for respondents.

KUPFERMAN, J. P., LUPIANO and MARKEWICH, JJ., concur.

SILVERMAN, J.

Defendants appeal from an order made pursuant to CPLR article 9 allowing the action to be maintained as a class action. In our view, the present complaint does not present a proper case for class action status, and therefore the order should be reversed.

Plaintiffs are purchasers of a lot in a real estate development known as Rio Rancho Estates outside Albuquerque, New Mexico. Some 14,000...

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