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VIDERS v. HANDICAPPED WORKERS

90 Misc.2d 579 (1977)

Elaine Viders, on Behalf of Herself and on Behalf of All Others Similarly Situated, Plaintiff, v. Pennsylvania Handicapped Workers, Inc., et al., Defendants.

Supreme Court, Nassau County, Special Term.

April 15, 1977

Attorney(s) appearing for the Case

Mokotoff, Viders & Mondshine (Jay R. Viders of counsel), for plaintiff. Sheldon M. Weiss for defendants.

MARIO PITTONI, J.

Motion for an order determining that the action may be maintained as a class action is denied.

Movant has not met the requirements for a class action as set forth in CPLR 901. The alleged telephoned misrepresentations are individual to the different persons involved, and the common questions of law and fact do not predominate over the individual questions of reliance and damage. Proof of the cause of any one member of the proposed...

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