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BRONTS v. KIRWAN

55 A.D.2d 904 (1977)

John Bronts, on His Own Behalf and on Behalf of All Others Similarly Situated, Appellant, v. William E. Kirwan, Individually and as Superintendent of The New York State Police, et al., Respondents, et al., Defendants

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

January 17, 1977

Order affirmed insofar as appealed from, without costs or disbursements.

The plaintiff is not such a representative of a class as would entitle him to bring this action as a class action and, considered as an action by him individually, the complaint fails to set forth a cause of action against the respondents.

O'Connor, J., dissents and votes to modify the order by adding thereto a provision granting plaintiff leave to amend his complaint as...

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