Order affirmed, without costs or disbursements.
CPLR 902 provides that the plaintiff "shall move for an order" to determine whether an action is to be maintained as a class action, "[w]ithin sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action". The motion for class action certification herein was not made until over four years had passed since joinder of issue. Under these...
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