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EVANS v. CITY OF JOHNSTOWN

96 Misc.2d 755 (1978)

Rebecca Evans et al., Individually and on Behalf of All Other Persons Similarly Situated, Plaintiffs, v. City of Johnstown et al., Defendants.

Supreme Court, Fulton County.

October 11, 1978

Attorney(s) appearing for the Case

Bond, Schoeneck & King for defendants. Robert J. Kafin for plaintiffs.

EDMUND L. SHEA, J.

This is a motion made pursuant to CPLR 3211 (subd [a], par 7) to dismiss the fourth, fifth and seventh causes of action of an amended complaint. The plaintiffs cross-move pursuant to CPLR article 9 for an order allowing the action to proceed in class form and determining that notice of the pendency of the action need not be given to the members of the class.

The underlying action seeks...

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