1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 69 A.D.2d
  5. 69 A.D.2d 242 (1979)
 

HOUS. SERVS. v. BROOKHAVEN

69 A.D.2d 242 (1979)

Suffolk Housing Services et al., Appellants, v. Town of Brookhaven et al., Respondents

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

July 9, 1979

Attorney(s) appearing for the Case

Richard F. Bellman, Nathaniel Jones, James Meyerson, Lawrence Sager and Arthur Eisenberg (Eisner, Levy, Steel & Bellman, P. C. [Richard F. Bellman] of counsel), for appellants.

Joseph Mule, Town Attorney (Rathkopf & Rathkopf [Daren A. Rathkopf and Arden H. Rathkopf] of counsel), for respondents.

COHALAN and MARTUSCELLO, JJ., concur with SUOZZI, J.; MARGETT, J., dissents and votes to reverse the order and grant class action certification, with an opinion, in which HOPKINS, J. P., concurs.

SUOZZI, J.

The issue to be decided on this appeal is whether it is appropriate to grant class action certification in a suit that challenges the alleged exclusionary zoning ordinance and practices of a municipal government.

We hold that class action certification is inappropriate in such a lawsuit and that the order of Special Term to that effect should be affirmed.

THE PARTIES AND PLEADINGS...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases