EISNER v. CITY OF NEW YORK


118 Misc.2d 672 (1983)

Madeline Eisner et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

April 6, 1983


Attorney(s) appearing for the Case

Aaron Broder and Burton C. Agata for plaintiffs. Frederick A. O. Schwarz, Jr., Corporation Counsel (Adrienne R. Klein of counsel), for defendant.


ARNOLD GUY FRAIMAN, J.

By this motion plaintiffs seek an order pursuant to CPLR 902 determining that this litigation may proceed as a class action. Defendant City of New York cross-moves for an order dismissing the complaint insofar as it purports to be filed on behalf of a class, by reason of the failure of each of the members of the putative class to comply with section 50-i of the General Municipal Law.

Plaintiffs are four individual residents...

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