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ESTRUCH v. VOLKSWAGENWERK, AG.

97 A.D.2d 978 (1983)

Cindy Estruch et al., and All Others Similarly Situated, Appellants, v. Volkswagenwerk, AG., et al., Respondents. (Appeal No. 3.)

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

November 4, 1983

Order unanimously affirmed, without costs.

Memorandum:

Inasmuch as the individual claims for damages under subdivision (h) of section 349 and subdivision 3 of section 350-d of the General Business Law have been found to be without merit plaintiffs may not, as representatives, maintain a class action based on those sections (see CPLR 901, subd a, par 3; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C901:4; Kindel v Kaufman...

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