WOJCIECHOWSKI v. REPUBLIC STEEL CORP.


67 A.D.2d 830 (1979)

Stephen Wojciechowski et al., Individually and on Behalf of All Others Similarly Situated, Appellants, v. Republic Steel Corporation et al., Respondents

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

January 25, 1979


Order unanimously affirmed, without costs, Dillon, J., not participating.

Memorandum:

The order dismissing plaintiffs' complaint insofar as it purports to allege a class action under CPLR article 9 should be affirmed. The complaint contains allegations of damage in specific amounts to residential properties owned by certain of the named plaintiffs occurring on January 28, 1977 when defendants allegedly caused precipitator dust to become airborne thereby causing...

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