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VALLONE v. DELPARK EQUITIES

95 Misc.2d 161 (1978)

Ralph Vallone, Jr., et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Delpark Equities, Inc., et al., Defendants. Richard Berger et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Nationwide Leisure Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

June 14, 1978

Attorney(s) appearing for the Case

Berger, Kramer & Sugerman (Rogert Sugerman of counsel), for Ralph Vallone, Jr., and others, plaintiffs. Kramer, Lowenstein, Nessen, Kamin & Soll (Harold P. Weinberger of counsel), for Delpark Equities, Inc., and others, defendants. Thomas A. Dickerson for Richard Berger and others, plaintiffs. D'Amato, Costello & Shea (Jonathan M. Plasse of counsel), for Nationwide Leisure Corporation and others, defendants. Breed, Abbott & Morgan for Overseas National Airways, defendant. Kagan & Lubic for Trust Houses Forte, Inc., defendant. Hart & Hume for St. Paul Fire and Marine Insurance Company, defendant.

BENTLEY KASSAL, J.

ISSUE

The issue, raised in each of these two actions, is the extent to which pretrial disclosure, specifically related to the facts required to maintain a class action, should be allowed prior to the certification of a suit as a class action. In one case, the party seeking disclosure is the plaintiff; in the other is is the defendant.

FACTS

ACTION 1 — NATIONWIDE...

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