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EVANS v. CITY OF JOHNSTOWN

97 A.D.2d 1 (1983)

Rebecca Evans et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. City of Johnstown et al., Appellants

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

November 17, 1983

Attorney(s) appearing for the Case

Bond, Schoeneck & King (Anthony R. Pittarelli and Barry R. Kogut of counsel), for appellants.

Miller, Mannix, Lemery & Kafin, P. C. (Benjamin R. Pratt, Jr., Robert J. Kafin and Mark J. Schachner of counsel), for respondents.

MAHONEY, P. J., KANE, CASEY and LEVINE, JJ., concur.

MAIN, J.

Plaintiffs instituted this action seeking an injunction and monetary damages for alleged injuries arising from the construction, operation and maintenance of the municipal sewerage plant for the Cities of Johnstown and Gloversville in Fulton County. Plaintiffs sought to maintain the suit as a class action pursuant to CPLR article 9. Special Term granted class certification after an extensive consideration...

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