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STRAUSS v. LONG IS. SPORTS

60 A.D.2d 501 (1978)

Mark Strauss, Respondent-Appellant, v. Long Island Sports, Inc., Doing Business as The New York Nets, Appellant-Respondent, et al., Respondents

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

January 9, 1978

Attorney(s) appearing for the Case

Meyer, English, Cianciulli & Peirez, P. C. (Bernard S. Meyer and Jeffrey G. Stark of counsel), for appellant-respondent.

Mordecai Rosenfeld for respondent-appellant.

MOLLEN, P. J., TITONE and RABIN, JJ., concur.

MARGETT, J.

This action is brought by a disgruntled New York Nets season ticket holder who seeks rescission of the purchase of his tickets because of the Nets' trade of Julius Erving (Dr. J), the team's star, at the beginning of the 1976-1977 professional basketball season. The principal issue is whether Special Term properly determined that the action could be maintained as a class action. Additionally, there...

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