NORWALK v. MFRS. & TRADERS TRUST CO.


80 A.D.2d 745 (1981)

John C. Norwalk et al., Individually and on Behalf of Themselves as Property Owners of Subdivision Lots in Enchanted Lake Subdivision, Napoli, Respondents, v. Manufacturers & Traders Trust Company, Appellant

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

February 26, 1981


Order unanimously reversed, without costs, and application denied.

Memorandum:

In two separate actions sounding in fraud and rescission, plaintiffs allege that they are suing on behalf of themselves and "all others similarly situated" who purchased subdivision lots in Enchanted Lake Subdivision, Napoli, New York. Special Term granted motions by the respective plaintiffs to maintain their actions as class actions (CPLR 901). The defined class in each order...

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